Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication of the UNTA, Confederacão Sindical, of 25 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. It had also noted that the Committee on the Rights of the Child expressed concern about the extent of the problem of sexual exploitation and trafficking of children.

The Committee notes that, in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the UNTA also pointed out the existence of certain cases of worst forms of child labour, including sale and trafficking of children and sexual exploitation.

The Committee notes that, according to the Trafficking in Persons Report of 2008 for Angola, available on the United Nations High Commissioner for Refugees web site (www.unhcr.org), although Angolan law criminalizes kidnapping, forced labour or bonded servitude, it does not prohibit trafficking in persons, including children. The Committee notes, however, that a draft Penal Code has been finalized in 2006. According to section 183 of the draft Penal Code, whoever recruits a young person under 18 years of age for the exercise of prostitution in a foreign country or transports or receives a young person for the same purpose, is liable to imprisonment from two to ten years. The Committee observes, however, that the draft Penal Code does not seem to prohibit internal trafficking, nor does it appear to prohibit the sale and trafficking of children for labour exploitation. The Committee requests the Government to take the necessary measures to ensure that the internal trafficking of children under 18 years and the sale and trafficking of children under 18 years for labour exploitation are prohibited by national legislation and to establish penalties in this regard, as a matter of urgency. It also requests the Government to take immediate measures to ensure that the draft Penal Code is adopted in the very near future.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that section 176 of the draft Penal Code provides that anyone who promotes, favours or facilitates the exercise of prostitution of, notably, vulnerable victims, is liable to imprisonment for one to six years. It also notes that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. It reminds the Government that, by virtue of Article 3(b) of the Convention, each Member which ratifies the Convention shall prohibit the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to ensure that the use, procuring or offering of young persons between 16 and 18 years of age for the production of pornography or for pornographic performances is prohibited as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. In response to its previous comments, the Committee notes the Government’s statement that Act No. 9/96 concerning the prosecution of minors includes a provision for the social protection of minors who are drug users. It also notes that Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances (Act No. 3/99) and Act No. 4/99 regulating the lawful sale of drugs and other psychotropic substances (Act No. 4/99) were duly communicated to the Office. According to sections 4, 5, 6 and 7(i) of Act No. 3/99, an agent who uses a minor for, notably, the fabrication, preparation, extraction, production, transportation, trafficking, exportation of drugs or psychotropic substances, is liable to imprisonment from eight to 16 years.

Clause (d). 1. Hazardous work. In its previous comments, the Committee had noted that under section 284(1) of the General Labour Act of 2000 (Act No. 2/00), “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee had also noted that Decree No. 58/82 prohibits the employment of “minors”, namely persons over 14, but under 18 years of age, in hazardous types of work. The Committee had observed that, although Decree No. 58/82 defines the term “minor”, Act. No. 2/00 does not do so and that it was, therefore, not clear what the age was for admission to hazardous types of work as set out in Act No. 2/00. The Committee notes the Government’s indication, in its report under the Minimum Age Convention, 1973 (No. 138), that Decree No. 58/82 was repealed by Act No. 2/00. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, no child under 18 years of age may be engaged in hazardous work and it once again requests the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00, in its next report.

2. Self-employed workers. The Committee had previously noted that Act No. 2/00 does not apply to young persons under 18 years of age who are not covered by an employment contract and who are engaged in types of hazardous work. It notes that the Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that although national legislation does not contain a provision regarding work performed by persons for their own account, a regulation of this type could be adopted in the context of informal work and that studies are currently being carried out on the subject. The Committee notes that, according to the ILO/IPEC project entitled “Combating the worst forms of child labour in Portuguese-speaking countries in Africa” of 1 January 2006 to 30 December 2007 (ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa), the great majority of children work in the informal economy. Given this context, the Committee draws the Government’s attention to Article 1 of the Convention, which provides that “immediate measures” must be taken to prohibit the worst forms of child labour “as a matter of urgency” The Committee expresses the hope that, following the studies carried out on informal work, the Government will take measures to protect children who are not bound by an employment relationship from the worst forms of child labour as a matter of urgency. It requests the Government to provide information on the progress made in this regard. In this context, the Committee also requests the Government to envisage the possibility of taking measures to adapt the labour inspection services so as to ensure that children who work on their own account, or in the informal economy, are protected from the worst forms of child labour.

Article 4, paragraph 1. Determination of hazardous types of employment or work. The Committee notes that, because Decree No. 58/82, which contained a list of hazardous types of work prohibited for children under 18 years of age, has been repealed by Act No. 2/00, only section 284(2) of Act No. 2/00 sets out the prohibition to employ young persons on hazardous types of work. This prohibition covers employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products. The Committee therefore notes that, over and above this provision, there does not appear to be a list of hazardous types of work prohibited for children under 18 years of age. It reminds the Government that under the terms of Article 4, paragraph 1, of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to determine the hazardous types of employment or work in conformity with Article 4, paragraph 1, of the Convention as a matter of urgency. It also requests the Government to provide information on the progress achieved in this regard.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes that, in its comments under the Labour Inspection Convention, 1947 (No. 81), it had noted that, according to the annual inspection report for 2005, the decline in the statistics on work by minors can be explained by the high unemployment rate, as well as the fact that most minors are engaged in the informal economy. The Committee had nevertheless noted that the employment accident statistics by branch of activity and age group for the period 2000–04 refer to victims aged between 14 and 18 years. It had therefore requested the Government to ensure that labour inspectors intensify their inspection activities relating to child labour in all establishments and activities liable to inspection. The Committee notes the UNTA’s statement, in its comments under the Minimum Age Convention, 1973 (No. 138), that cases of children working in the informal sector were reported. Accordingly, the Committee strongly encourages the Government to take measures in order to considerably strengthen the mechanisms to monitor the implementation of the provisions giving effect to the Convention and combat the worst forms of child labour, including in the informal sector. It requests the Government to provide information on the progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO/IPEC Tackle project. The Committee notes that Angola is one of the 11 countries involved in the implementation of the ILO/IPEC project “Tackle child labour through education” (ILO/IPEC Tackle project). The overall objective of this project is to contribute towards poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged section of the society, and its purpose is to strengthen the capacity of the national and local authorities in the formulation, implementation and enforcement of policies to fight child labour in coordination with social partners and civil society. The Committee also notes that, in the case of Angola, the potential area of emphasis of the ILO/IPEC Tackle project is to work with partners to develop and implement pilot activities to fight child labour. The Committee requests the Government to provide information on the progress made in the elaboration of pilot activities to fight child labour. It also asks the Government to provide information on the number of children who were prevented from entering the worst forms of child labour through education, as a result of the implementation of the ILO/IPEC Tackle project.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. With reference to its previous comments, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms child labour in Portuguese-speaking countries in Africa, close to 44 per cent of all children in Angola do not attend school. The Committee further notes that, in its combined initial, second and third periodic reports on Angola of 28 April 2008, the Economic and Social Council indicates that, in 2000, about 25 per cent of children aged between 5 and 18 had never been to school (E/C.12/AGO/3, paragraph 216). The Economic and Social Council also indicates that the net enrolment rate in the first stage of primary education (first to fourth grade) is approximately 56 per cent and that only 30 per cent of pupils registered in first grade finish fourth grade, while only 15 per cent finish sixth grade. Over 30 per cent of pupils have to repeat first grade. The Committee notes that Angola has implemented, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15). It notes that several other measures have also been taken within the framework of the reform of the education system. According to the Economic and Social Council, 13 new academic and vocational schools are under construction and will soon open which, it is anticipated, will allow 80,000 children to gain access to education (E/C.12/AGO/3, paragraphs 273–274). The Economic and Social Council also indicates that the Government aims to reach several goals to ensure that universal education will be achieved by 2015, including 100 per cent national coverage and educational assistance to children and improving the effectiveness of teaching by achieving a nil dropout rate. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to provide information on the impact of the National Action Plan for Education for All on increasing school enrolment rates and reducing school dropout rates for children. It also asks the Government to provide updated statistical data on school enrolment and dropout rates.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of sexual exploitation or slavery. The Committee had previously noted that in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. In this regard, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa, the sexual and economic abuse of girls and boys, including child trafficking in certain parts of the country, have emerged as problems. The Committee notes the Government’s statement that it has formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI against SCEC), in the framework of which the State and society establish and implement a system of guarantees that give top priority to the fundamental rights of children in a situation of personal and social risk. The NPAI against SCEC also seeks to identify partners in a position to become involved in building and improving policies and basic public social services for, notably, the following objectives:

(a)   protecting, guaranteeing and defending the rights of child victims of sexual and commercial exploitation;

(b)   combating and prosecuting the persons found guilty of exploiting children;

(c)   allocating funding for the implementation of policies and public services; and

(d)   rehabilitating and preventing the social exclusion of children who are victims of sexual abuse and exploitation.

The Committee requests the Government to indicate the number of child victims of commercial sexual exploitation under the age of 18 years who have been withdrawn from such exploitation and rehabilitated. It also asks the Government to provide information on the measures taken to protect children from slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee had previously noted that the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. The Committee had also noted that the Special Representative of the Secretary-General for Children and Armed Conflict expressed concern over the large numbers and appalling conditions of internally displaced children. In this regard, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa, over 100,000 children were separated from their families as a result of war. The Committee notes the Government’s information that it has adopted a programme for the reintegration of demobilized minors in eight provinces, which succeeded in reintegrating 4,104 demobilized children. It also notes that, according to the Child Soldiers Global Report of 2008, the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006. The PWCP involved the reintegration into society of more than 3,000 children affected by the conflict, including former child soldiers. The children received skills training, assistance with civil registration and access to social assistance. Furthermore, the Committee notes the Government’s information that, in 2002, Angola engaged initiatives to restore a secure environment for children, such as the initiatives intended to guide the implementation of action plans adopted pursuant to the programme “A World Fit for Children”. The Committee requests the Government to continue providing information on the impact of the measures aimed at rehabilitating and reintegrating children affected by the conflict, including former child soldiers, and to indicate approximately how many of these children have been rehabilitated through such measures.

2. Street children. In its previous comments, the Committee had noted that the Government indicated that the armed conflict has devastated towns and villages, causing the displacement of a large number of people and giving rise to the phenomenon of street children. The Committee had noted that the Government has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter. The Committee notes the Government’s information that it is taking steps to improve the quality of life of children, including building 600 regional reception centres for children in need of protection, the construction of which has begun in some southern provinces. However, the Committee notes that a 2007 report on the findings on the worst forms of child labour in Angola, found on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), indicates that at least 10,000 children work on the streets in the capital city of Luanda alone and that the Government also acknowledges, in its report, that street children are also found in some other large cities, such as Benguela, Lobito, Lubango and Malange. Recalling that street children are at particular risk of being involved in the worst forms of child labour, the Committee requests the Government to provide information on the number of children living or working in the streets who were withdrawn and rehabilitated through the hostels and regional reception centres established in Angola.

3. Child orphans of HIV/AIDS. Following its previous comments, the Committee notes that, according to its combined initial, second and third periodic reports on Angola, of 28 April 2008, the Economic and Social Council indicates that the number of people living with HIV/AIDS is likely to have risen to between about 628,000 and 749,000 in 2005 and to rise to between about 1.08 million and 1.65 million people by 2010. The number of child orphans due to HIV/AIDS, which in 2001 was put at 84,000 children, could be as high as 427,000 or 492,000 in 2010 (E/C.12/AGO/3, paragraphs 178–179). The Committee notes the Government’s information that it has adopted HIV/AIDS programmes, including the establishment of 23 diagnosis and treatment clinics in 18 provinces and prevention programmes for young people and the community. Furthermore, the Committee notes that, in its combined initial, second and third periodic reports on Angola of 28 April 2008, the Economic and Social Council indicates that the Government has adopted the National Strategic Plan (PEN) for sexually transmitted infections, HIV and AIDS. The key aims of the PEN are to strengthen the country’s ability to combat the HIV/AIDS epidemic, to contain transmission of HIV by increasing efforts at prevention and to lessen the socio-economic impact of HIV/AIDS on individuals, families and communities. The Committee notes that the PEN is also seeking to achieve, among other things, greater access for people infected or affected by HIV/AIDS to counselling, voluntary screening, psychological support, antiretroviral therapy and other essential services, including health care, education and food. Furthermore, the Committee also notes that a strategic plan was drawn up for an accelerated reduction in maternal and child mortality in Angola (2005–09). The Committee observes that HIV/AIDS has adverse consequences for orphans because they run an increased risk of being engaged in the worst forms of child labour. Expressing deep concern at the number of child orphans of HIV/AIDS in Angola, the Committee asks the Government to provide information on the number of child orphans of HIV/AIDS who were effectively prevented from entering the worst forms of child labour through the implementation of the PEN and of the Strategic plan for reduction in maternal and child mortality.

Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the Government has communicated, in its report, several statistics concerning the education of boys and girls in Angola, such as school attendance and enrolment rates. However, the Committee observes that these statistics all date from the years 1994, 1995 and 1996. The Committee therefore requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.