Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guinea (Ratification: 2003)

Other comments on C182

Observation

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Articles 3(a) and 4(1) and (3) of the Convention. All forms of slavery or practices similar to slavery and determination and revision of the list of hazardous types of work. Sale and trafficking of children and hazardous work. In its previous comments, the Committee noted the Government’s statement that a Bill prohibiting child labour and trafficking is currently being prepared. The Government indicated that this new Bill includes provisions bringing the national legislation into conformity with the Convention with regard to hazardous work and, to that effect, the list of hazardous types of work has been reviewed in relation to the various sectors.

The Committee notes the Government’s indication that the penal part of the Bill prohibiting child labour and trafficking has been referred to the Ministry of Justice to be incorporated in the new Penal Code recently adopted by the National Assembly. The Government also indicates that the part relating to the worst forms of child labour was examined by the Advisory Committee on Labour and Social Legislation at its April 2015 session. Lastly, it indicates that the list of hazardous work will be communicated once the Bill has been adopted. The Committee urges the Government to ensure that the Bill prohibiting child labour and trafficking is adopted in the very near future. It requests the Government to provide a copy of the Bill once it has been adopted, including the duly revised list of hazardous types of work.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that section 428 of the Children’s Code of 2008 provides that persons violating the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals (section 411), shall be liable to the corresponding penalties established in the Labour Code. The Committee also noted the Government’s indication that since no labour inspection reports mention any cases of child labour, there have been no court rulings imposing penalties under the Labour Code.

The Committee duly notes section 137.7 of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014), which provides that any violation of the provisions of the chapter relating to child labour shall be penalized by the criminal legislation in force. The Committee also notes the Government’s indication that urgent measures are being taken to reinforce the capacity of the labour inspectorate to maintain adequate monitoring and detect children engaged in hazardous work and in the worst forms of child labour in general. The Government further indicates that an invitation was issued to the labour inspectorate to forward the reports, which will be communicated in the near future. However, the Committee notes with concern that, as indicated in its comments relating to the Labour Inspection Convention, 1947 (No. 81), published in 2015, the Government has not sent any labour inspection report since the one covering the October 1994–October 1995 period. In the same comments, the Committee expressed its concern at the persistent inadequacy of resources available to the labour inspectorate. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2013 (CRC/C/GIN/CO/2, paragraph 79), reiterated its concern at the large number of working children, particularly in the informal economy, agriculture, fishing and domestic work. The Committee, therefore, urges the Government to take immediate steps to reinforce the capacity of the labour inspectorate as a matter of urgency, so as to ensure adequate monitoring and detection of children under 18 years of age engaged in the worst forms of child labour, particularly in hazardous work and the informal economy. The Committee also requests the Government to provide extracts from labour inspection reports relating to the worst forms of child labour, particularly concerning children engaged in hazardous work in the informal economy.

Article 7(1). Penal sanctions. The Committee previously noted that the Children’s Code of 2008 establishes several penalties in relation to cases of the worst forms of child labour envisaged in Article 3(a)–(c) of the Convention. The Government indicated that no convictions had yet been handed down, even though there were cases of trafficking in persons before the courts.

The Committee notes with concern the Government’s statement that there had still been no convictions handed down between 2011 and 2015, particularly in relation to the trafficking of children for sexual exploitation. The Committee notes the annual statistics for 2014 of the Office for the Protection of Gender, Childhood and Morality (OPROGEM), supplied with the Government’s report, which refer in particular to 23 child victims of trafficking (15 boys and eight girls). The Committee notes that the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 83), expressed its concern at the fact that prosecutions for the trafficking of children are rare despite the fact that the majority of trafficked victims in Guinea are children. Furthermore, referring to the 2012 General Survey on the fundamental Conventions, the Committee emphasizes that whatever penalties are laid down, they will only be effective if they are applied in practice, which presupposes that procedures exist for bringing violations to the attention of the judicial authorities, and that these authorities are strongly encouraged to apply such penalties (paragraph 639). The Committee, therefore, requests the Government to take the necessary steps to ensure that thorough investigation and robust prosecution of all persons committing violations of the Children’s Code relating to the worst forms of child labour, and particularly the trafficking of children for sexual or labour exploitation. It requests the Government to provide information on the number and nature of violations, investigations, prosecutions, convictions and penalties imposed.

Application of the Convention in practice. In its previous comments, the Committee noted the detailed statistics provided in the report on the 2010 National Survey on Child Labour and Trafficking (ENTE) relating to child labour and trafficking and also children’s education. According to the results of the ENTE, out of a total of 3,561,160 children between 5 and 17 years of age, 43 per cent are economically active and 40.1 per cent (or 93.2 per cent of economically active children) are engaged in types of work that are to be abolished, namely in work that is likely to harm their school attendance, health or development.

The Committee notes the absence of any additional information in the Government’s report on the application of the Convention in practice. Moreover, the Committee notes that the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 79), expresses particular concern at the fact that children are working in mining, agriculture and fishing in hazardous conditions and are subjected to excessive hours of work. It adds that girls, sometimes barely 5 years of age, are employed as domestic workers and carry heavy loads, often for no pay, and are the target of psychological, physical and sexual violence. The Committee also observes that, according to the report The twin challenges of child labour and educational marginalization in the ECOWAS region [Economic Community of West African States], produced by the Understanding Children’s Work programme (UCW 2014 report), 90 per cent of children employed in agriculture work on family farms (paragraph 36). It also mentions that over one third of all forestry/logging workers are children (paragraph 40). The Committee again expresses its concern at the large number of children under 18 years of age engaged in the worst forms of child labour, particularly hazardous work. The Committee urges the Government to take immediate steps to protect these children against the worst forms of child labour. It also requests the Government to provide statistics and other information 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, and the number and nature of violations, investigations, prosecutions, convictions and penalties imposed. All information should be disaggregated by age and gender, as far as possible.

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