All Comments

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee observes that Act No. 4/99 of 7 September 1999, sent by the Government with its report, fixes the minimum age for recruitment for compulsory military service at 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that, under section 7 of Decree No. 2-B/93 of 1993 on drugs, using a young person under 18 years of age to commit an offence related to the production and trafficking of drugs and other acts connected with the production of drugs constitutes an aggravating circumstance, rendering the perpetrator liable to imprisonment for a maximum period of 15 years.

Article 5. Monitoring mechanisms. National Anti-Trafficking Committee. Further to its previous comments, the Committee notes the Government’s indication that the National Anti-Trafficking Committee is composed of focal points from various public institutions, including the Ministry of the Civil Service, the Ministry of Justice, the Ministry of Education, the People’s National Assembly, the Children’s Parliament, the judicial police, the national gendarmerie (police), the Islamic Commission and the Institute for Women and Children. The Government indicates that the National Committee undertakes various activities, including training for entities involved in combating trafficking in persons, awareness-raising activities and support for victims. The Committee notes that according to the information sent by the Government in relation to the Forced Labour Convention, 1930 (No. 29), the National Committee also provides support for: capacity-building to enable the competent authorities to undertake a periodic analysis of data collected on trafficking in persons; the reinforcement of investigation services at ports and border control services through the provision of equipment; and the setting up of an early warning system based on existing watchdog committees. The Committee requests the Government to continue providing information on the activities of the National Anti-Trafficking Committee relating to the protection of children under 18 years of age against sale and trafficking for commercial or sexual exploitation, and on the results achieved.

Article 6. Programmes of action. 1. National Plan of Action to combat trafficking in persons. Further to its previous comments, the Committee notes the Government’s indication that the National Plan of Action to combat trafficking in persons has been drawn up with the aim of establishing an outline of all aspects of anti-trafficking action. The Committee once again requests the Government to provide detailed information on the implementation of the National Plan of Action to combat trafficking in persons and the results achieved.

2. National Plan of Action to combat child labour and the worst forms thereof. Further to its previous comments, the Committee notes the Government’s statement that there is an initiative aimed at the adoption in the near future of the National Plan of Action to combat child labour and the worst forms thereof. The delay is linked to financial issues encountered in the recruitment of an expert to participate in the preparation of the Plan. The Committee expresses the firm hope that the National Plan of Action to combat child labour and the worst forms thereof will be adopted in the very near future, after consultation of the social partners. The Committee requests the Government to provide information on progress made in this regard and on the implementation of the Plan of Action once it has been adopted.

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. Further to its previous comments, the Committee notes the detailed information provided by the Government in its reports on Conventions Nos 138 and 182 concerning the measures taken to improve the education system. The Government indicates, inter alia, that the goals of the Sectoral Plan for Education 2017–25 include: (a) extending and improving access to education in order to guarantee universal basic education in cycles 1 and 2; (b) improving the internal effectiveness of the education system; (c) reducing the disparities between basic education and secondary education; and (d) adapting technical and vocational training in higher education to the country’s economic and social development needs. Universal schooling is thus the priority objective for the first two cycles of basic education, followed by extending access to the third cycle to enable a larger number of Guinea-Bissau citizens to continue their studies until the ninth year of basic education. The Committee duly notes the detailed information sent by the Government concerning the strategies chosen to achieve the objective of universal schooling. This includes measures to tackle disparities in geographical access, the establishment of canteens in schools which do not have them, improving access to community schools and madrassas (Koranic schools) through progressive reappropriation of the latter by the State; and encouraging girls to enrol and remain in school, in particular in regions and sectors where gender disparities are the most pronounced. As a result, there has been a reduction in late school admissions and age-related dropping out of school.

The Government indicates that these measures have been well received, especially in rural areas, resulting in the participation of children in the first and second cycles, and that school enrolment rates have improved but that completion rates have deteriorated. Indeed, according to a 2019 UNICEF report on the rights and well-being of children in Guinea-Bissau (p. 56), which refers to the latest Multiple Indicator Cluster Survey (MICS-6 of 2018-19), late entries and high repetition and dropout rates mean that Guinea-Bissau has a primary education completion rate of under 30 per cent (29 per cent in 2014 and 27.2 per cent in 2019). The MICS-6 data indicate that 27.7 per cent of children of primary-school age are out of school (over 10 per cent in urban areas and 36 per cent in rural areas). The gross inequalities between urban and rural areas are a recurring theme in the education sector which is also highlighted by MICS-6 data. Considering that education plays a key role in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue taking all necessary steps to improve the functioning of the education system and school attendance and completion rates for children, particularly in rural areas, disaggregated by age and gender. The Committee also requests the Government to provide detailed information on the results achieved, particularly through the implementation of the Sectoral Plan for Education 2017–25 and also through any other measures.

Clause (d). Identifying and reaching out to children at special risk. Street children. Further to its previous comments, the Committee notes the Government’s indication that it has taken measures to remove children from the streets but that the implementation of these measures is not yet conclusive. Given that street children are at an increased risk of involvement in the worst forms of child labour, the Committee requests the Government to send detailed information on the measures taken to remove children from the streets and provide the necessary direct assistance for their rehabilitation and social reintegration, and also on the results achieved.

Clause (e). Particular situation of girls. Further to its previous comments, the Committee notes the Government’s indications in its report on Convention No. 138 that, in the context of the Sectoral Plan for Education 2017–27, the strategies chosen to achieve universal schooling include: encouraging girls to enrol and remain in school, particularly in regions and sectors where gender disparities are the most pronounced; raising the awareness of headteachers and the general public of security conditions in the vicinity of schools; and reporting violent or prohibited behaviour which may be directed at girls. In addition, the Government seeks to encourage measures to reduce the number of late admissions and prevent age-related school dropouts, particularly among girls, especially through awareness-raising among pupils’ parents, ensuring greater prevalence of free education, and improving school facilities to make education more attractive (renovation, latrines, water). The Committee encourages the Government to continue taking measures to ensure education for girls, including through the implementation of the Sectoral Plan for Education 2017–25, and to send detailed information on the results achieved.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes that Guinea-Bissau underwent a voluntary national review of achievement of the Sustainable Development Goals (SDGs), leading to the production of a report in 2022. According to this report, Guinea-Bissau is one of the countries most vulnerable to climate change and is ranked 175th out of 189 countries and territories in the Human Development Index. The report also indicates that the multi-dimensional analysis of child poverty reveals hardship related to accommodation, water, sanitation, nutrition, healthcare, education, and child protection/birth registration, all of which has an impact on child development. Hardship faced by girls exceeds that experienced by boys by nearly 56 per cent.

The Committee notes the efforts made by Guinea-Bissau to improve the socio-economic conditions of the country and thereby reduce the incidence of poverty. These efforts include the United Nations Sustainable Development Cooperation Framework (UNSDCF) 2022–26, whose goals include structural economic transformation and increased and fairer access to, and use of, quality social services. They also include the “Terra Ranka” Strategic Plan 2025, whose strategy for the education sector is aligned to the poverty reduction strategy, and whose main elements include organizing the production of human capital to contribute to growth and equipping the poorest population groups excluded from effective economic circuits with at least the human capital needed for them to become part of these circuits. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee encourages the Government to continue its efforts and provide information on the results achieved, including through the implementation of the UNSDCF and the “Terra Ranka” Strategic Plan 2025, particularly in terms of the impact observed on the elimination of the worst forms of child labour.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that it has adopted legislative measures to combat the worst forms of child labour and reinforce labour inspection, particularly through the new regulations of the Labour and Social Security Inspectorate-General (IGTSS) and the new Labour Code. The Committee once again requests the Government to ensure that sufficient data on the situation of children engaged in the worst forms of child labour are available, including statistics and information on the nature, extent and trends of the worst forms of child labour and the number of children protected by the measures giving effect to the Convention.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. With regard to the Committee’s request to provide information on the application in practice of Act No. 12/2011 on preventing and combating trafficking in persons, particularly women and children (Anti-Trafficking Act), the Government indicates in its report that it does not have any information on this matter, since the juvenile court has not received any complaints on the worst forms of child labour. The Committee also notes with concern the Government’s indication, in its report on the application of the Forced Labour Convention, 1930 (No. 29), that two investigations into cases of trafficking in persons have been opened but no prosecution has been initiated and no sentence has been handed down. The Committee therefore requests the Government to ensure that persons engaging in the trafficking of children are investigated and prosecuted, and that penalties constituting an adequate deterrent are imposed. It once again requests the Government to provide information on the number of investigations, prosecutions, convictions and criminal penalties imposed for the trafficking of persons under 18 years of age, pursuant to the Anti-Trafficking Act.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Further to its previous comments, the Committee notes with regret the Government’s indication that it does not have any information on the measures taken or envisaged to ensure that the use, that is to say by a client, of a child between 16 and 18 years of age in prostitution is prohibited. The Committee recalls that Article 3(b) of the Convention prohibits not only the procuring or offering but also the use of a child under 18 years of age for prostitution. The Committee urges the Government to take the necessary steps to ensure that the use of children between 16 and 18 years of age in prostitution is prohibited, and to provide information on progress made in this regard.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. As regards the adoption of the list of hazardous types of work in which it is prohibited to employ persons under 18 years of age, the Committee refers to its detailed comments on the application of the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes with regret the Government’s indication that it does not have any information on the subject of boys, especially talibés, who are victims of trafficking for forced labour and begging. However, the Committee notes the Government’s indication, in the report which it submitted on Convention No. 29, that support was given in connection with the return of talibé children from Senegal (164 in 2021 and 78 in 2022). The aforementioned report also indicates that trafficking victims receive multiple forms of assistance, including psycho-social assistance, food and medical care, following eight stages: (1) identification of the victim; (2) emergency care, including medical care, for the victim; (3) examination of the victim’s personal situation; (4) evaluation of the victim’s family situation and environment; (5) possible alternatives for placing the victim outside his/her family; (6) social and occupational reintegration; (7) monitoring of the child after return to his/her family and community; and (8) support for the development of the socio-economic capacities of the family and community. These services are provided by a variety of actors in their respective roles, including social workers, police, community officials, reception centres and social partners. The Committee requests the Government to continue taking effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging, and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved, particularly regarding the number of children, whether talibé or others, who have been withdrawn from trafficking and then rehabilitated and socially integrated via the eight stages of assistance for victims.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the observations made by the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations made by the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
The Committee notes the Government’s first report. It also notes the observations made by the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.
2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.
Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.
Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.
Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.
2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.
Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.
2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.
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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.
2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.
Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.
Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

The Committee notes the Government’s first report. It also notes the observations made by the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 37(3) of the Constitution stipulates that “under no circumstances there shall be forced labour or measures involving deprivation of liberty”. It also notes that according to section 106(1) of the Penal Code Decree No. 4/93, any person who by any means places another person in a situation of slavery, or employs that person in such conditions or maintains such a situation, or supplies or receives that person to or from another person, shall be liable to a prison term of 5 to 15 years.

3. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

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 that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guinea - Bissau (Ratification: 2008)

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Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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