Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 138) sur l'âge minimum, 1973 - Tchad (Ratification: 2005)

Autre commentaire sur C138

Demande directe

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Article 1 of the Convention. National policy. The Committee previously took note of the adoption of an Accelerated Strategy for Child Survival and Development. The Committee also noted that a draft Child Protection Code was being prepared.

The Committee notes the Government’s indication that it took note of the Committee’s comments and that the necessary measures would be taken to ensure the respect of its obligations. Recalling once again that, under Article 1, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour, the Committee again requests the Government to supply information on the Accelerated Strategy for Child Survival and Development in terms of its impact on the abolition of child labour. It also requests the Government to send a copy of the Child Protection Code with its next report.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that there is contradictory information as regards the age of completion of compulsory schooling in Chad. The Committee further took note of the gap between the compulsory education age and the minimum age for employment. The Committee reminded the Government that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey on the fundamental Conventions, 2012, paragraphs 370–371). Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the age of completion of compulsory schooling in the country and provide a copy of the legislation which is applicable in this area. It further requests the Government to take the necessary measures to ensure that the age of completion of compulsory schooling coincides with that of the minimum age for admission to employment or work, namely 14 years. The Committee requests the Government to provide information in its next report on the progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 7 of the Decree relating to child labour permits the employment of young workers over 16 years of age in certain types of hazardous work. It also noted that section 9(1) of the Decree relating to child labour states that labour inspectors may call for the examination of any young worker in order to determine whether or not the work in which he is employed exceeds his strength. However, the Committee underlined the fact that this provision does not oblige labour inspectors to call for such an examination in any case where a young worker performs one of the types of work listed in section 7 of the Decree. The Committee reminded the Government that, under Article 3(3) of the Convention, young workers 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 once again the lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to ensure that the national legislation only allows young workers over 16 years of age to undertake hazardous work under the conditions provided for in Article 3(3) of the Convention. The Committee requests the Government to provide information in its next report on progress made in this regard.

Article 6. Apprenticeships. The Committee previously noted that section 18 of the Labour Code provides that an apprentice must be at least 13 years of age at the start of the apprenticeship. However, it noted that section 1 of the Decree relating to child labour states that no child under 14 years of age may be employed, even as an apprentice, in an enterprise within the territory of the Republic of Chad. The Committee observed that there is a discrepancy between the age of entry to an apprenticeship laid down by the Labour Code (13 years) and the one laid down by the Decree relating to child labour (14 years). It reminded the Government that Article 6 of the Convention states that the age of entry to an apprenticeship is 14 years. Noting the lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to harmonize the Labour Code with the Decree relating to child labour and to set the age of entry to an apprenticeship at 14 years, in accordance with the terms of the Convention. The Committee requests the Government to provide information on progress made in this regard in its next report.

Article 7. Light work. The Committee previously noted that section 2 of the Decree relating to child labour states that the age for admission to employment is set at 12 years for certain types of light work. It also noted that section 3(2) of the Decree states that the duration of such work may not exceed four-and-a-half hours per day. The Committee reminded the Government that, under the terms of 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 of admission to employment or work is 14 years) on light work which 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. Noting once again the lack of information on this point in the Government’s report, the Committee again requests the Government to indicate the manner in which the regular school attendance of children working four-and-a-half hours per day is ensured.

Part III of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted the Government’s indication that statistical data on the application of the Convention were not available. However, it noted that the Committee on the Rights of the Child had expressed concern at the problem of child herders, child domestic workers and the large number of children living in the streets, most of whom are living in poverty.

The Committee notes with regret that the Government does not supply any information on this subject in its report. The Committee once again expresses its concern at the high number of children under 14 years of age who are working and vulnerable in Chad. It therefore again requests the Government to intensify its efforts to improve this situation. It also once again requests the Government to supply information on the application of the Convention in practice in its next report, including, for example, statistics disaggregated by sex and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from the reports of the inspection services, and information on the number and nature of infringements reported by these services.