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Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Minimum Age Convention, 1973 (No. 138) - Chad (Ratification: 2005)

Other comments on C138

Observation
  1. 2024

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Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee notes the Government’s indication in its report that, under the terms of section 4(3) of the Act on the orientation of the Chad Education System (No. 6-016 2006-03-13 PR), the State shall guarantee fundamental education for young persons between six and 16 years of age. It notes the Government’s clarification regarding the age of completion of compulsory schooling. However, it notes that there is a gap between the compulsory education age (up to the age of 16) and the minimum age for admission to employment (14 years, in accordance with section 52 of the Labour Code). In this regard, the Committee reminds the Government that if the minimum age for admission to employment or work is lower than the school leaving age, children may be encouraged to leave school earlier as they are legally authorized to work (2012 General Survey on the fundamental Conventions, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the general minimum age for admission to work or employment to bring it into line with the age of completion of compulsory schooling, in accordance with the requirements of the Convention. It requests the Government to provide information on the progress achieved in this regard.
Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes with regret the Government’s indication once again that no progress has been made in this regard. It therefore once again requests the Government to take the necessary measures, including envisaging an amendment to section 7 of the Decree respecting child labour, to ensure that the national legislation only allows young workers over 16 years of age 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, in accordance with Article 3(3) of the Convention. The Committee once again requests the Government to provide information on the progress made in this respect.
Article 6. Apprenticeships. The Committee previously noted a divergence between the age for entry to an apprenticeship set out in section 18 of the Labour Code (13 years) and the age determined by section 1 of the Decree respecting child labour (14 years). It reminded the Government that, under the terms of Article 6 of the Convention, the age of entry to an apprenticeship is 14 years.
The Committee notes the Government’s statement that changes have been made. However, it notes with regret that the Government has not specified the content of these changes, and that section 18 of the Labour Code continues to provide for an age for entry to apprenticeship of 13 years. The Committee therefore once again requests the Government to take the necessary measures to harmonize the Labour Code and the Decree respecting child labour and to set the age for entry to apprenticeship at 14 years, in accordance with the Convention. It requests the Government to provide information on the progress achieved in this regard.
Article 7. Light work. The Committee previously noted that: (1) under the terms of section 2 of the Decree respecting child labour, the age for admission to employment is set at 12 years for certain types of light work; and (2) by virtue of section 3(2) of the Decree, the duration of such work may not exceed four-and-a-half hours per day. The Committee notes with regret that once again the Government has not provided any information on this subject. It therefore once again recalls that, in accordance with Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age for admission to employment or work is 14 years) in light work, on condition that it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore once again requests the Government to indicate the manner in which the regular school attendance of children working four-and-a-half hours a day is ensured. If it is not able to ensure the regular school attendance of these children, the Committee requests the Government to take the necessary measures to ensure that the legislation only authorizes the employment on light work of persons from the age of 12 years in accordance with the conditions set out in Article 7(1) of the Convention.
Labour inspection and application of the Convention in practice. The Committee notes that, according to the Multiple Indicator Cluster Survey carried out in 2019 by the National Institute of Statistics, Economic and Demographic Studies (MICS 6): (1) 39.3 per cent of children between the ages of five and 11 years are involved in an economic activity for at least one hour a week; (2) 23.4 per cent of children between the ages of 12 and 14 years are involved in economic activities for at least 14 hours a week; (3) 6.6 per cent of children between the ages of 15 and 17 years are involved in an economic activity for at least 43 hours a week; (4) many children between the ages of five and 11 years and 12 and 14 years are also involved in the performance of household work for more than 28 hours a week (16.8 and 30.7 per cent, respectively); and (5) in total, 39 per cent of children between the ages of five and 17 years are victims of child labour (38.5 per cent of boys and 39.6 per cent of girls), of whom 44.6 per cent work under hazardous conditions. Moreover, the Committee notes the Government’s indication that no complaints have been recorded by the labour inspection services in relation to child labour, despite its prevalence in the country. The Committee therefore expresses its deep concern at the situation of children below the age of 14 years in the country who are working, and at the significant number of children under 18 years of age who are working under hazardous conditions. The Committee therefore urges the Government to take all the necessary measures to: (i) ensure the progressive elimination of child labour; and (ii) reinforce the capacities of the labour inspection services to detect cases of child labour in all the sectors of the economy, including the informal economy. In this regard, it requests the Government to: (i) continue providing statistical data disaggregated by sex and age category on the nature, extent and trends in work by children and young persons engaged in child labour; and (ii) provide information on the number of inspections carried out in relation to child labour, the number and nature of the violations detected and the types of penalties imposed.
The Committee reminds the Government that it can avail itself of ILO technical assistance with a view to bringing the legislation into conformity with the Convention.
The Committee is raising other matters in a request addressed directly to the Government.
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