Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Gabon (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 4(1) and (3) of the Convention. Hazardous types of work and the determination and revision of such types of work. With regard to the revision of the list of hazardous types of work prohibited for children under 18 years of age, in conformity with Article 4(3) of the Convention, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee observed that, despite the improvements noted in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, the progress achieved is undermined by the high drop-out rates and the high percentage of children repeating classes. The Committee also noted the Government’s indication that a subregional training workshop on technical methods to combat school drop-outs had been held in Libreville, following which the Government abolished the system of excluding children from school who have suffered multiple failures or who have exceeded the age limit, and of reorienting them towards vocational training centres.

The Committee notes the Government’s indication that it does not have statistical data on school attendance, or repetition and drop-out rates. However, it notes that, according to the UNICEF publication The State of the World’s Children 2016: A fair chance for every child, the net attendance ratio at secondary school was 52.2 per cent during the period 2009–14. It also notes that, in its concluding observations of December 2013, the Committee on Economic, Social and Cultural Rights expressed concern at the severe lack of trained teachers and inadequate curricula (E/C.12/GAB/CO/1, paragraph 30). The Committee also notes that, in its concluding observations of July 2016, the Committee on the Rights of the Child welcomes the 2010–20 plan to invest in education and increase the number of teachers and the number and quality of schools, particularly in rural areas. However, it remains concerned at the persistently high repetition and drop-out rates (CRC/C/GAB/CO/2, paragraph 55). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. Please provide information on the results achieved in terms of statistics on school enrolment, class repetition and drop-out rates.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists, and benefit from social and educational activity programmes and administrative and legal support. The Committee also noted that children removed from trafficking are, during their stay in the centres, and depending on their age, enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres. The Committee however noted that, according to the Special Rapporteur on trafficking in persons, although the Government offers victims of trafficking access to reception centres, there is a gap between those who need assistance and the real beneficiaries of public shelters, which only take in children under 12 years of age.

In this context, the Government indicates that it will provide information on the number of child victims saved and placed in reception centres when the figures are available. However, the Committee notes that, in her May 2013 report, the Special Rapporteur on trafficking in persons observes that in 2011 reception centres assisted 18 child victims, but that these centres suffer from a lack of resources and qualified personnel (A/HRC/23/48/Add.2, paragraph 42). The Committee also notes that, according to the annual UNICEF report for 2015, 90 child victims of transborder trafficking have been removed and provided with literacy training. The Committee firmly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and once again requests it to provide information on the number of children under 18 years of age who have in practice been removed from this worst form of child labour and placed in reception centres.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. In its previous comments, the Committee noted that there were approximately 18,000 child HIV/AIDS orphans in Gabon. It also noted that a National Strategic Plan on HIV (2008–12) had been drawn up, but that its implementation was not satisfactory.

In this context, the Government indicates that there are no discriminatory measures or stigmatization of child HIV/AIDS orphans. The Committee also notes that, according to UNAIDS statistics, the number of child HIV/AIDS orphans in Gabon in 2015 was estimated at 16,000. It further notes that, in its concluding observations of March 2015, the Committee on the Elimination of Discrimination against Women welcomes the adoption of the National Strategic Plan on HIV for 2008–15 (CEDAW/C/GAB/CO/6, paragraph 34). The Committee therefore encourages the Government to continue its efforts to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It once again requests the Government to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–15) and the results achieved.

2. Street children. In its previous comments, the Committee noted that a study had been undertaken on the causes and extent of the phenomenon of street children and that, according to its results, the number of street children was evaluated at 1,000 on the national territory, and more particularly in major urban centres. Street children are visible around markets, restaurants, crossroads, bus stations, bus and taxi stops, car parks and public dumps. The phenomenon of street children is due to several causes, but the main one appears to be family break-ups.

The Committee notes that the Government has not provided any information on the situation of children living in the streets. However, it notes that, in its concluding observations, the Committee on the Rights of the Child expresses concern at the absence of adequate care services for these children (CRC/C/GAB/CO/2, paragraph 64). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to intensify its efforts to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

3. Domestic workers. In its previous comments, the Committee noted that the situation of children engaged as domestic workers remains a cause for concern, as these children perform their work in private houses and are therefore hidden from view. Moreover, these children are also victims of transborder trafficking for their exploitation, which is not revealed by labour inspection.

The Committee notes the Government’s indication that the Domestic Workers Convention, 2011 (No. 189), has been submitted to the competent authorities with a view to its ratification, which would assist the Government to improve its legislation with a view to combating the problem of child domestic workers. Recalling that children engaged as domestic workers are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, including hazardous work, to ensure their access to education and to provide information on the specific measures adopted in this respect, taking into account the special situation of girls. The Committee requests the Government to keep it informed of progress in the ratification of the Domestic Workers Convention, 2011 (No. 189).

Article 8. International cooperation. The Committee emphasized previously that, during the discussion held by the Conference Committee on the Application of Standards in June 2007, the Government representative indicated that consideration was being given to the possibility of taking steps to increase the number of police officers at land, maritime and air borders, using joint border patrols and opening transit centres at these borders. It noted that the Government had signed the Multilateral Regional Cooperation Agreement against the Trafficking of Children in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It observed that, although the Special Rapporteur had welcomed the Government’s intention to sign bilateral agreements on trafficking in persons with several neighbouring countries, the conclusion of memoranda of understanding had not yet taken place in practice. Moreover, the Special Rapporteur observed that, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon is in need of sound cooperation with its neighbours to combat the phenomenon of trafficking.

The Government indicates that there have been no developments in terms of international cooperation since the previous report. The Committee also notes that, according to the report of the Special Rapporteur, the only bilateral agreement concluded is the one with Benin (A/HRC/23/48/Add.2, paragraph 85). The Committee once again firmly encourages the Government to intensify its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to strengthening the numbers of the border police. It requests the Government to provide information on the progress achieved in this respect.