Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the indication of the National Union of Angolan Workers (UNTA) that cases of child trafficking existed in the country. It also noted that the Committee on the Rights of the Child (CRC) expressed concern about the extent of the problem of sexual exploitation and trafficking of children. The Committee further noted that, although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children. In this regard, the Committee noted that section 183 of the draft Penal Code (finalized in 2006) prohibited recruiting or receiving persons under 18 for the exercise of prostitution in a foreign country. The Committee observed that while the draft Penal Code prohibited some types of child trafficking, it did not prohibit the sale and trafficking of children for labour exploitation, nor internal trafficking.

The Committee notes that article 12 of the new Constitution of Angola (2010) states that the Government shall respect and implement the principles of the UN Charter on the basis of, inter alia, repudiating human trafficking. However, the Committee observes, that article 12 does not specifically prohibit and penalize human trafficking. The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that trafficking is not defined in national legislation, and that the prevention and mitigation of the phenomenon requires, inter alia, legislative reform (CRC/C/AGO/2-4 paragraph 175). The Committee further notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the draft Penal Code has been submitted to Parliament for discussion and approval (CRC/C/AGO/Q/2‑4/Add.1, paragraphs 60 and 61). The Committee notes an absence of information in the Government’s report as to whether this draft Penal Code has been modified to include internal trafficking or trafficking of children for the purpose of labour exploitation.

In this regard, the Committee notes the statement in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that children are trafficked internally for the purpose of sexual exploitation and labour exploitation (in agriculture and domestic service). The Committee also notes the information in a report on trafficking in persons in Angola of 14 June 2010, also available on the website of the Office of the High Commissioner for Refugees (Trafficking Report), that women and children more often become victims of internal rather than transnational sex trafficking. Therefore, the Committee urges the Government to take the necessary measures to ensure that provisions prohibiting both the internal trafficking of children under 18 years and their sale and trafficking for the purpose of labour exploitation are included in national legislation, and to establish penalties in this regard, as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted 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 reminded 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 the production of pornography or for pornographic performances.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the draft Penal Code is still under discussion by Parliament. The Committee therefore urges the Government to take the necessary measures to ensure that the forthcoming Penal Code includes a prohibition on using, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. It requests the Government to provide a copy of the amended Penal Code, once adopted.

Article 4(1). Determination of hazardous types of employment or work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that while section 284(1) of Act No. 2/00 prohibits the employment of minors in hazardous work, pursuant to section 284(2), this prohibition only includes employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products.

The Committee observes that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appears to encompass only types of work which may harm the morals of children, and does not address types of work which may harm their health or safety. In this regard, the Committee once again reminds the Government that pursuant to Article 4(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. With regard to types of work that may be harmful to the health and safety of children, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 identifying cases of children engaged in hazardous activities and exploitative work such as work in high-seas fishing in the Namibe province, in diamond mines, in border localities, in markets and in bus terminals (CRC/C/AGO/2‑4, paragraph 432). Moreover, the Committee notes the information in the WFCL Report that children working in agriculture in Benguela are known to apply chemicals, use machinery and dangerous tools, and carry heavy loads. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that in determining the types of hazardous work prohibited to minors, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore requests the Government to take the necessary measures to ensure that the determination of the types of hazardous work prohibited to minors includes not only a prohibition against types of work that are harmful to a child’s morals, but also a prohibition against types of work that are harmful to their health and safety, in conformity with Article 4(1) of the Convention. It hopes that, in this regard, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the UNTA’s indication that cases of children working in the informal sector had been reported. It also noted, in its comments under the Labour Inspection Convention, 1947 (No. 81), that most working minors are engaged in the informal economy.

The Committee notes the Government’s statement, in its communication of 2 June 2009 regarding the comments of the UNTA, that efforts to monitor the informal sector are being made by the labour inspectorate and that provincial monitoring units are also involved in monitoring this sector. The Government further indicates that, despite efforts towards the formalization of this sector, the informal sector will not disappear any time soon. The Committee also notes the statement in the WFCL Report that the Government does not have the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to strengthen and adapt the capacity of the labour inspection and provincial monitoring units to improve the monitoring of children working in the informal economy. It requests the Government to provide information on the measures taken in this respect with regard to combating the worst forms of child labour in the informal sector, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted that Angola was implementing, in collaboration with UNESCO, a National Plan of Action for Education for All (2001–15) (NPA EFA) and that measures had been taken within the framework of the reform of the education system.

The Committee notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the Ministry of Education has developed a series of actions for the mid-term assessment of the NPA EFA (CRC/C/AGO/Q/2-4/Add.1, paragraph 35). The Committee also notes the Government’s indication in its report to the CRC of 26 February 2010 that it has begun implementation of a literacy and catch-up strategy (2006–15), in partnership with UNICEF, which seeks to accelerate learning with the use of self‑teaching and the certification of skills acquired in various contexts of formal and informal education (CRC/C/AGO/2-4, paragraph 354). The Government also indicates that the number of students attending primary school rose between 2004 and 2006, although, due to the lasting effects of armed conflict, the growth was higher in the inland provinces than in the coastal provinces, and that the gender disparity in enrolment rates persisted (CRC/C/AGO/2-4, paragraphs 338 and 339). The Government further indicates in this report that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2-4, paragraph 344).

In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 1 December 2008, expressed its concern at the limited access to education for groups such as children from rural areas and poor families and girls. The CESCR also expressed its concern that budgetary allocations were not sufficient to meet the rising number of children of school age, and the lack of schools and trained teachers, particularly in remote areas and in slums settlements (E/C.12/AGO/CO/3, paragraphs 38 and 39). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern that children from several vulnerable groups are less likely to attend and complete school. The Committee requests the Government to redouble its efforts, within the framework of the NPA EFA, to strengthen the functioning of the education system and to facilitate access to free basic education, particularly for children in remote areas and conflict affected regions, in addition, to children from poor families, rural areas and girls. The Committee also requests the Government to provide information on the outcome of the assessment of the NPA EFA, and the subsequent measures taken to strengthen this plan. Lastly, the Committee encourages the Government to pursue its efforts to provide informal educational opportunities and vocational training to children who are not enrolled in formal schooling.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication in its report to the CRC in August 2004 (CRC/C/3/Add.66, paragraph 250) that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. In this regard, the Committee noted that the Government had formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and rehabilitating and preventing the social exclusion of these child victims.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that the NPAI SCEC has not been implemented with the required efficiency (CRC/C/AGO/2-4, paragraph 189). The Government indicates in this report that the NPAI SCEC proved unsuitable for the current context, and that there is an urgent need to revise it (CRC/C/AGO/2-4, paragraph 432). The Government indicates that the National Childs Council (INAC) is in the process of evaluating the NPAI SCEC’s implementation, with the goal of strengthening the strategy (CRC/C/AGO/2-4, paragraphs 432 and 412).

The Committee also notes the information in the Trafficking Report that while the Government mainly relies upon religious, civil society, and international organizations to protect and assist victims of trafficking, there has been an increase in the number of victims referred to these services by the Government. This report further indicates that, in partnership with UNICEF, the INAC operates 18 child protection networks, which serve as crisis centres for victims of trafficking and other crimes who are between the ages of 9 and 16, and that victims over 16 are referred to shelters run by the Organization of Angolan Women. Nonetheless, the Committee notes the information in the Trafficking Report that law enforcement, immigration and social services personnel do not have a formal system of proactively identifying victims of trafficking among high-risk persons with whom they come in contact. The Committee strongly requests the Government to take immediate measures to revise and strengthen the NPAI SCEC to ensure its effective implementation, with child participation, particularly with regard to initiatives targeting child victims of commercial sexual exploitation. The Committee also urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and to ensure that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee previously noted that the CRC expressed deep concern that inadequate attention was being given to the plight of former child soldiers, particularly girls. The Committee 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. It noted the ILO–IPEC information that over 100,000 children were separated from their families as a result of war. In this regard, it noted that the Government had implemented a programme for the reintegration of demobilized minors in eight provinces and that the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006.

The Committee notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that, following the end of the war in 2002, the return and reintegration of people directly affected by the conflict (including displaced children and former soldiers) was a priority for the Government. The Government indicates that there were approximately 4 million displaced persons, of which 40 per cent were children (CRC/C/AGO/Q/2-4/Add.1, paragraph 38). The Government also indicates in its report to the CRC of 26 February 2010 that it is implementing a programme to return and resettle the displaced populations, refugees and other persons directly affected by the armed conflict, with special attention to children. The Government’s report to the CRC also indicates that the Cabinda provincial government carried out a series of programmes to provide special services to children in the context of reintegrating the vulnerable groups directly affected by the armed conflict. This project to support the reintegration of vulnerable groups includes a training package in various vocational skills (such as cooking, sewing and embroidery), life skills based on micro-lending, child protection and primary health care (CRC/C/AGO/2-4, paragraphs 368 and 369).

The Committee notes the statement in the WFCL Report that children living in provinces most affected by the civil war are more likely to work than children in less-affected provinces. The Committee requests the Government to strengthen its efforts with regard to rehabilitating and reintegrating children affected by the conflict, including former child soldiers. It requests the Government to provide information on the number of children reached through the measures taken in this regard.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. The Committee also noted that the Government had set up hostels with the aim of getting these children off the streets, in addition to plans to build 600 regional reception centres for children in need of protection. However, the Committee noted a report indicating that at least 10,000 children work on the streets in the capital city of Luanda, and noted the Government’s indication that street children are also found in other large cities, such as Benguela, Lobito, Lubango and Malang.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that there has been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, but that there remains a significant number of street children (CRC/C/AGO/2‑4, paragraph 397). The Committee also notes the Government’s indication in this report that efforts are made to reintegrate street children into their biological families, or to place them in foster families. This is done through the Family Tracing and Reunification Programme, which provides support to separated children in temporary institutions and reunites children with their families. The Government also indicates that while the factors contributing to the phenomenon of street children have not been eliminated, 1,545 street children have been picked up and hosted in Casa Pia de Luanda (a children’s home), in an effort to reintegrate these children with their families. The Government further indicates that cooperation is ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes) (CRC/C/AGO/2-4, paragraphs 398–401).

The Committee further notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that some children working and living in the street were provided with social reintegration services: 239 street children in 2007, 240 such children in 2008 and 260 such children in 2009. Almost all of these children were boys (CRC/C/AGO/Q/2-4/Add.1, page 14). Lastly, the Committee notes the information in the WFCL Report that the Government continues to implement a project funded by the Government of St. Kitts and Nevis to prevent child labour among street children in Benguela and Lobito. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee also requests the Government to provide information on the number of street child who have been provided with educational and vocational training opportunities in children’s institutions.

3. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the information in the Government’s report to the CRC of 26 February 2010 that the number of OVCs could reach approximately 200,000 by 2010 and that the number of OVCs in Angola is rising (CRC/C/AGO/2-4, paragraphs 263–264). The Government also indicates in this report that it began preparing, in 2007, a National Action Plan for OVCs due to HIV/AIDS, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children (CRC/C/AGO/2‑4, paragraphs 261 and 374). The Government further indicates that the number of survival grants given to OVCs is rising (CRC/C/AGO/2‑4, paragraph 50). However, the Committee notes the Government’s indication in its Country Progress Report to UNGASS of March 2010 that only 16.8 per cent of households with OVCs receive basic external support. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation (CRC/C/AGO/2-4, paragraph 432). The Committee also notes the Government’s information on this report that 20 child victims of trafficking were identified by law enforcement officials in 2007 and that there have been clear cases of child trafficking in the Zaire Province. The Government states in this report that child trafficking is difficult to control due to the vast border and that Angolan children are taken from the capital city of the country and brought to the DRC and that Congolese children are trafficked from Kinshasa into Angola (paragraphs 172–175). The Committee further notes the indication in the Trafficking Report that the use of children for the purpose of illicit activities is also present in the country, as children are forced to act as couriers in illegal cross-border trade between Namibia and Angola as part of a scheme to skirt import fees. While noting the difficult situation prevailing in the country, the Committee expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour are available, and to provide 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 and age.

The Committee is raising other points in a request addressed directly to the Government.