Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee previously noted that according to the Government’s report, an anti-human trafficking unit had been established to receive complaints from the public regarding human trafficking under the Human Trafficking Act 2005. It further noted that the National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labour in Ghana (2009–15) had identified child trafficking among its nine priorities. However, the Committee noted that according to the Government’s reply to the Committee on the Elimination of Discrimination against Women (CEDAW/C/GHA/Q/6-7/Add.1, paragraphs 60–61) in 2014, trafficking in children remained prevalent both domestically as well as internationally. 

The Committee notes the absence of information in the Government’s report. However, the Committee notes, from the written replies of the Government to the list of issues in relation to the initial report to the Human Rights Committee regarding the International Covenant on Civil and Political Rights of 13 June 2016 that, the Parliament has passed the Human Trafficking Legislative Instrument (L.I. 2219) in November 2015 in order to aid effective implementation of the Human Trafficking Act (CCPR/GHA/Q/1/Add.1, paragraph 73). The Committee therefore requests the Government to provide information on the application of the Act and the Human Trafficking Legislative Instrument 2015 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the trafficking of children under 18 years of age. The Committee once again requests the Government to provide updated information on any measures taken or envisaged to strengthen the capacity of law enforcement to enforce the Act and the Legislative Instrument.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the national legislation does not contain provisions concerning offences related to pornography or pornographic performances by a child under 18 years of age.

The Committee notes that the Government’s report provides no information in this respect. However, the Committee notes that the Criminal Offences (Amendment) Act, 2012, inserts section 101A into the Criminal Offences Act, 1960 (Act 29), which defines sexual exploitation as the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography, and provides that a person who sexually exploits a child is liable on summary conviction to a term of imprisonment of not less than seven years and not more than 25 years. However, the Committee notes that according to section 101 of the Act 29, the abovementioned provisions only refer to children under 16 years of age. The Committee recalls that according to Article 2 of the Convention, the term child shall apply to all persons under 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that its legislation is amended in order to protect all persons under the age of 18 years from the production of pornography and pornographic performances. The Committee also requests the Government to provide information on the application of section 101A of the Criminal Offences Act, 1960 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied in this regard.

Article 3(c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to indicate whether its legislative amendments specifically prohibit the use, procuring or offering of a child for the production of pornography, for pornographic performances and for illicit activities.

The Committee notes with regret the absence of information in this regard. However, the Committee notes that the Criminal Offences (Amendment) Act, 2012 inserts section 200B into the Criminal Offences Act, 1960 (Act 29), which prohibits a person from engaging in racketeering and defines racketeering as the operation by a structured group of an unlawful activity that involves fraud, deceit, extortion, intimidation, violence or any other unlawful method in the execution of the activity. Section 202B(4) further provides that, unlawful activities associated with racketeering include bribery, prostitution, the sexual exploitation of children, gambling, narcotic drug offences, money laundering and human trafficking. The Committee therefore requests the Government to indicate whether racketeering activities prohibited by section 200B include the use, procuring or offering of a child for illicit activities. If this is not the case, the Committee urges the Government to take the necessary measures to implement Article 3(c) of the Convention without further delay.

Article 6. National Plan of Action. The Committee previously noted that the first National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labour (2009–15), which was carried out with ILO–IPEC assistance, made reference to the Convention and prioritizes preventative strategies to reduce the worst forms of child labour by 2015. According to the NPA, the Ministry of Employment and Social Welfare (MESW), through its Child Labour Unit (CLU) of the Labour Department, was the responsible authority. The Committee requested the Government to provide information on the programmes of action established in the context of the NPA and the results achieved in terms of elimination of the worst forms of child labour.

The Committee notes with regret the absence of information on this point in the Government’s report. However, the Committee notes that the second NPA for the Elimination of the Worst Forms of Child Labour (2016–20), built on the achievements of the previous NPA (2009–15), has been validated by the National Steering Committee on Child Labour (NSSCL) and is expected to be approved by the Cabinet and launched sometime in 2017. The Committee also notes that the ILO has launched a new project to reduce child labour and improve working conditions in the artisanal small-scale gold mining sector in the context of the NPA, and continues to provide technical assistance in the mining, cocoa and fishing sectors in the endemic districts in selected communities. The Committee therefore requests the Government to provide information on the implementation of the NPA 2016–20 and the results achieved. It also requests the Government to provide information on any other measures undertaken in terms of the elimination of the worst forms of child labour, particularly in the mining, cocoa and fishing sectors.

Article 7(2)(d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the Government’s information that through the Livelihood Empowerment against Poverty (LEAP) programme, the Government aimed to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like OVCs. The Committee also noted that, the LEAP programme had been expanded to cover 71,456 households in 100 districts in December 2012. Moreover, transfers under the LEAP programme contributed marginally to increased economic exchanges in local communities and the conditionality attached to OVC household transfers had a positive effect on the school attendance of OVCs.

The Committee notes with regret that the Government’s report provides no new information on this issue. However, the Committee notes that, the Government has adopted a National HIV & AIDS strategy plan (2016–20), according to which, the LEAP programme is a core component of the National Social Protection Strategy. Nevertheless, limited data disaggregation on the LEAP programme hampers effective monitoring of beneficiaries, including OVCs. The Committee also notes that, the National HIV & AIDS strategy plan does not specifically address the issue of OVCs. Recalling that OVCs are at greater risk of being involved in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education, within the framework of the LEAP programme.