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

Convention (n° 138) sur l'âge minimum, 1973 - République centrafricaine (Ratification: 2000)

The Committee notes the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee noted the Government’s information concerning a field study on the identification and classification of types of child labour which was being conducted in the country and its indication that this study would enable initiatives to be taken aimed at the abolition of child labour.

The Committee notes the information provided by the Government on measures taken to raise awareness with regard to the fight against child labour. It also notes the study by the Ministry of the Economy, Planning and International Cooperation on the situation of children in the country in 2003. According to this study, 5.2 per cent of boys and 5.6 per cent of girls aged from 6 to 9 years are engaged in work. Moreover, this study shows that boys are working particularly in the private wage sector (68.5 per cent), the public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the numbers of girls are greater in self-employment (57 per cent) or in work as domestic assistants (54 per cent). The Committee is concerned at the situation of young children who are forced to work in the Central African Republic, particularly girls who mostly work in sectors not covered by child labour regulations and are consequently more vulnerable to exploitation. It therefore asks the Government to renew its efforts to improve the situation. The Committee asks the Government in particular to take specific measures to combat child labour, in particular by adopting a national policy aimed at the progressive abolition of child labour and implementing action programmes in sectors where child labour is a major problem. The Committee also asks the Government to send a copy of the study on the identification and classification of the types of child labour.

Article 2, paragraph 1. 1. Scope of application. (i) Self-employment. In its previous comments, the Committee noted that the provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. The Committee asked the Government to supply information on the manner in which the protection afforded by the Convention is guaranteed for children working on their own account. The Committee notes the Government’s information that the protection afforded by the Convention is guaranteed to self‑employed children by the juvenile courts and by the Children’s Parliament. The Committee asks the Government to supply information on the manner in which the juvenile courts and the Children’s Parliament guarantee the protection afforded by the Convention to children who are working without an employment relationship, in particular when they are self-employed.

(ii) Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 1986, children under 14 years of age may be employed, also as apprentices, in establishments where only family members are employed. The Committee reminded the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. The Committee notes the Government’s statement that the preliminary draft Labour Code recently approved by the social partners has taken this issue into account. It hopes that the preliminary draft Labour Code will be adopted as soon as possible and asks the Government to supply information on all further developments in this respect.

(iii) Domestic work. In its previous comments, the Committee observed that no national legislation explicitly sets a minimum age of 14 years for domestic employees. It reiterated that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work should not be less than 14 years, except for work considered to be light, according to the conditions laid down by Article 7 of the Convention. Noting the Government’s information that measures for explicitly setting a minimum age for admission to employment for light domestic work are provided for by the preliminary draft Labour Code, the Committee reminds the Government that the minimum age for admission to domestic work is not explicitly set by national legislation. It hopes that the preliminary draft Labour Code will set this age and asks the Government to supply information in this respect.

2. Minimum age for admission to employment or work. The Committee previously noted that, under section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. It also noted that exemptions from this principle may be issued by order of the Minister responsible for labour, taking account of local circumstances and the tasks which may be required. The Committee reminded the Government that, under the terms of this provision of the Convention, children under the age of 14 years are prohibited from working, except in the case of light work which may be performed by children aged from 12 to 14 years, under the conditions provided for by Article 7 of the Convention.

The Committee notes the Government’s information that cases in which an exemption is issued are rare and that the number of exemptions issued is not available, most children being employed in the informal sectors, such as the diamond industry, porterage or diving in search of diamonds. The Committee notes that these types of work may be harmful to the health and development of children. It reminds the Government that, under Article 2, paragraph 1, of the Convention, no person under the specified minimum age, namely 14 years for the Central African Republic, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention. Taking account of the abovementioned statistics, the Committee asks the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work. In this respect, it invites the Government to consider the possibility of amending section 125 of the Labour Code so that the only exemptions relating to the minimum age for admission to employment are for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling is 14 years. It also noted that the Government had indicated to the Committee on the Rights of the Child that schooling is compulsory between the ages of 5 and 15 years, pursuant to section 6 of the Act of 10 December 1997, and that the legislative texts giving effect to this Act were being prepared. The Committee requested the Government to supply copies of the texts relating to education in the Central African Republic and, in particular, Act No. 97/014 of 10 December 1997.

The Committee notes the Government’s information that it adopted an action plan on education for all (PNA-EPT) in 2005, which is designed to produce an increase in the school attendance rate, reduce the school drop-out rate and ensure that all children complete the full cycle of primary education. The Committee notes that, according to information from UNICEF (see the following web site: http://www.unicef.org/french/ infobycountry/car_statistics.html#0), the primary school attendance rate is 47 per cent for boys and 39 per cent for girls. The Committee is concerned at this low rate of school attendance. Considering that, in order to combat child labour effectively, it is essential that the Government take measures which enable children to attend compulsory basic education or be integrated into an informal school system, an apprenticeship or vocational training, the Committee encourages the Government to renew its efforts to increase the school attendance rate and reduce the school drop-out rate in order to prevent children from engaging in work. It requests it to supply information on the implementation of the PNA-EPT and also on the results obtained in terms of raising the school attendance rate and reducing the school drop-out rate.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Referring to its previous comments, the Committee notes the Government’s information that the preliminary draft Labour Code has taken into account the comments on hazardous work and that the list of these types of work will be re-examined, in line with advances in science and technology. The Committee hopes that the next Government report will contain information in this respect, and reminds the Government that, under Article 3 of the Convention, workers’ and employers’ organizations must be consulted with regard to the drawing up of the list of types of hazardous work.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in certain types of hazardous work. However, it noted that no special conditions are laid down to protect the health, safety and morals of young persons carrying out hazardous work. The Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting the absence of information in the Government’s report, the Committee again asks it to take the necessary measures to bring the legislation into conformity with the Convention on this point. It hopes that, in the context of the revision of the list of types of hazardous work, the Government will take account of this issue.

Article 6. Apprenticeship. Referring to its previous comments, the Committee notes the Government’s information that the Labour Code in force does not govern the basic conditions and effects of apprenticeship contracts, but that the preliminary draft Labour Code has introduced substantial changes and the legislative texts will be supplied once the new Code is adopted. The Committee hopes that the legislative texts will be adopted as soon as possible and that the next Government report will contain information in this respect.

Article 9, paragraph 1. Penalties. The Committee noted that section 225(b) of the Labour Code states that penalties shall not be incurred where the infringement of section 125 of the Code is the result of a mistake in the age of the young person made when establishing the workbook. The Committee asked the Government to indicate how frequently use is made of section 225(b). Noting the absence of information in the Government’s report, the Committee again asks it to supply information in this respect.

Article 9, paragraph 3. Keeping of registers by employers. In its previous comments, the Committee noted that, under the last paragraph of section 171 of the Labour Code, certain enterprises may be exempted from the obligation of keeping a register on account of their situation, their small size or the nature of their activities. The Committee reminded the Government that this provision of the Convention does not allow for such exemptions. Noting the absence of information on this matter in the Government’s report, the Committee hopes that the new Labour Code will take account of this question and that all employers will be obliged to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them and who are less than 18 years of age.