Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C182

Observation

Direct Request

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Previous comments: observation and direct request

Articles 3(b) and (c) of the Convention. Worst forms of child labour. Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee notes that under section 407 of the revised Criminal Code, procuring is punishable by 15 years’ imprisonment and 100 million CFA francs when committed on a minor under 18 years. Section 430 provides for a penalty of up to five years’ imprisonment and 20 million CFA francs for anyone who keeps, records or transmits the image or representation of a minor under 18 years where this image or representation is of a pornographic nature (irrespective of whether the acts were committed with a view to disseminating or representing this image). The penalties rise to seven years’ imprisonment maximum and to 20 million CFA francs maximum, where applied, for the dissemination of the image or the representation of the minor intended for an unknown public or an electronic communications network. The Committee notes the Government’s indication, in its report, that in December 2019, the law enforcement agencies coordinated, with the Republic of the Congo, the extradition of a Gabonese national suspected of trafficking of persons for sexual purposes, where his trial is pending for procuring, rape of a minor, endangering another person’s life and trafficking in persons. The Committee requests the Government to provide information on the application in practice of sections 407 and 430 of the Criminal Code, and of Decree No. 0023/PR/MEEDD of 16 January 2013, prohibiting, in particular, the use, procuring or offering of a child for illicit activities, including for the production and trafficking of drugs. It requests the Government to include the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Labour inspection. Regarding labour inspection, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication that the 2018 “education task force” seminar, aimed at improving the education system, resulted in the adoption of an action plan costing approximately 1,250 billion CFA francs (around US$2 billion) to diversify the training opportunities, renovate and equip facilities, train human resources, set up a technical guidance secretariat and create a national education council. The Committee notes the Government’s indication that the net primary school enrolment rate is 93 per cent and that the gender gap is less than 1.5 per cent. The Government indicates that the repetition rate is 17 per cent at primary level and 16 per cent at lower secondary level. It states that eight out of ten children entering the first year of primary school complete their primary education and that the rate of pupils moving from primary to lower secondary school is 100 per cent. The Committee also notes that, according to UNICEF statistics, in 2022 the net enrolment rate for primary school was 98 per cent and for lower secondary school was 55 per cent. Recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school repetition and drop-out rates and increasing the enrolment rate in compulsory secondary education.The Committee requests the Government to provide information on the above-mentioned action plan, and the results achieved in terms of statistics on school enrolment, repetition and drop-out rates.

Clause (d). Children at special risk. HIV/AIDS orphans. The Committee notes that the number of HIV/AIDS orphans in Gabon in 2022 was estimated at 31,000 (compared to 16,000 in 2015), according to statistics of the Joint United Nations Programme on HIV/AIDS (UNAIDS). The Committee notes that the Government reiterates the information previously provided, in particular that the National Strategic Plan 2013–17 together with the efforts of national bodies resulted in a reduction of the HIV/AIDS prevalence rate from 8.9 to 5.9 per cent. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, reported that it was concerned that a disproportionately high number of women and girls in the State party are infected with HIV/AIDS and face stigmatization and social exclusion based on their HIV/AIDS status (CEDAW/C/GAB/CO/7, 1 March 2022, paragraph 30). Recalling that children who are orphaned by HIV/AIDS are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to ensure that these children are not engaged in the worst forms of child labour, particularly in the context of the National Strategic Plan 2018–22 to combat HIV/AIDS, and on the results achieved.

Children in street situations. The Committee notes the Government’s indication that the number of children living in the streets remains high due to the complexity of this phenomenon. The Government indicates that it is developing additional prevention and awareness-raising strategies, in partnership with the embassies of Benin, Togo and Mali, civil society, development partners and social partners. Recalling that children in street situations are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts and provide information on the time-bound measures taken to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

Migrant children. The Committee previously noted that in Gabon forced and cross-border trafficking involving children are more prevalent within migrant communities. It notes the Government’s indication that, under section 91 of the new 2019 Children’s Code, trafficking of migrant children is prohibited, and it is incumbent on the State to protect migrant children against trafficking through the establishment of mechanisms for prevention and punishment at its land, air and sea borders. Under section 92, the competent judicial authorities, as part of procedures relating to the trafficking of migrant children, may have recourse to judicial cooperation with the various states concerned, or the international or regional judicial organizations. The Committee requests the Government to provide information on the measures taken to protect migrant children from the worst forms of child labour, in particular by providing information on the application in practice of sections 91 and 92 of the Children’s Code and on the number of convictions and penal sanctions handed down.