Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Written information provided by the Government

Article 3. Worst forms of child labour

Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children

A total of 556 human trafficking cases have been investigated, out of which 89 accused persons have been prosecuted and 88 convicted. Out of the convictions, 41 were under the Human Trafficking Act, 20 under the Children’s Act, 1998 (Act No. 560), and 27 other related offences; 65 out of the 88 convicts were given jail terms ranging from 5 to 7 years and the remaining 23 convicts fined up to 120 penalty units each (a penalty unit is 12 Ghanan cedis).

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances

The Government wishes to draw the attention of the Committee to section 101A(b) of the Criminal Offences Act, 1960 (Act No. 29), as amended by the Criminal Offences (Amendment) Act of 2012, which covers the use of children in pornography and pornographic performances, and establishes penalties for offenders.

Section 101A(2)(b): “A person who sexually exploits another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.”

Clause (d) and Article 7(2)(a) and (b). Hazardous work in cocoa farming and preventing children from being engaged in and removing them from such hazardous work

The Government wishes to assure the Committee that its effort to prevent children under 18 years of age from being engaged in hazardous types of work in this sector continues relentlessly. The Government has taken measures to improve access to education in its efforts to implement the constitutional provision of free compulsory universal basic education (FCUBE) through the expansion of school infrastructure, continues training of competent teachers, and Capitation Grant and School Feeding Programmes. The Government has progressively reduced the average distance to schools from 4.5 km in 2010 to about 2.1 km in 2020. As a result of these interventions, school enrolments at the primary and junior high school stands at 98 per cent and 95 per cent, respectively. The Government introduced the Free Senior High School policy in 2017 and through this intervention, around 300,000 children who could not have accessed secondary education due to financial and other factors have accessed secondary education. In addition to these interventions, the Government, in collaboration with partners has intensified child labour awareness-raising and sensitization activities throughout the country. The Government has, since 2000, implemented interventions in the cocoa sector with the aim of improving cocoa productivity and ensuring that children do not engage in hazardous work. These include mass cocoa spraying, mass pruning, fertiliser subsidies, artificial pollination, and extension services. The Government and the cocoa and chocolate industry players have initiated a public–private partnership arrangement aimed at accelerating the elimination of child labour in all cocoa-growing areas.

Article 4(1) and (3). Determination and revision of the list of hazardous types of work

The Government wishes to bring to the attention of the Committee that it has since 2008 developed, in accordance with Article 4(1) and (2) of the Convention, comprehensive a Hazardous Activities Framework (HAF) for the Cocoa Sector in 2008 and a General HAF for 17 other sectors in 2012. The HAF, which was validated by the National Steering Committee on Child Labour, became the reference point for child labour-related surveys including the 2014 National Survey conducted by the Ghana Statistical Service and the UCW report of 2017, entitled “Not Just Cocoa: Child Labour in the Agricultural Sector in Ghana” which was reference by the Committee of Experts in the 2020 Report. In accordance with Article 4(3) of the Convention, the Ministry has commenced the review of the HAFs. The Ministry will liaise with the Ministries of Gender, Children and Social Protection and the Justice and Attorney-General Department will discuss how to adopt the HAF into law after the review.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b)

The Government has taken note of the Committee’s request and will continue to intensify its efforts towards the elimination of human trafficking, particularly child trafficking. Under the Child Protection Compact Agreement in 2018, the Government renovated, refurnished and commissioned one children’s shelter which has since been in operation. The Government is also working with ten private shelters. There are 71 children in the shelters; 14 in government and 57 in private shelters. The Government has also recruited six professionals and four non-professionals to run the children and adult shelters and four psychologists and mental health workers are on call 24/7. The Anti-Human Trafficking Secretariat, the Human Trafficking Unit of the Ghana Police Service and the Anti-Human Smuggling and Trafficking in Persons Unit of the Ghana Immigration Service have strengthened their collaboration with CSOs as well as international partners, particularly the International Organization for Migration in this course. The Human Trafficking Secretariat and the Human Trafficking Units of Police and Immigration Services collaborate with CSOs to undertake monitoring and rescue exercises on the Lake and in Central Region. The Human Trafficking Secretariat, the Human Trafficking Unit, the Anti­Human Smuggling and Trafficking in Persons Unit and partners undertake awareness-creation and sensitization activities in the targeted areas. Stakeholder groups including CCPCs, Child Rights Clubs, Farner Co-operatives and Associations, etc. were formed to create awareness and monitor child trafficking and child labour.

The Ghana Police Service has introduced child-friendly policing in all training institutions for all levels of officers who go for training at the Institute to ensure effective management of child victims and children in conflict with the law. The Service has developed curriculum and standard operating procedures on child trafficking. The Government and partners over the period 2017–20 have rescued a total of 1,088 child labour victims, comprising 1,017 males and 71 females.

Trokosi system

Trokosi has been outlawed in Ghana and there are no known official data on it by public institutions responsible for data collection. All forms of servitude which include the trokosi system have been prohibited in the Human Trafficking Act and its related legislations such as the Children’s Act. Again, the engagement of children in hazardous work on cocoa farms and in fishing has been prohibited in the Children’s Act.

The Government, in partnership with stakeholders, has been sensitizing and educating stakeholders such as fetish priests/priestesses, family heads, traditional rulers, religious bodies and indigenes on the abolition of trokosi.

Article 3(c). Use, procuring or offering of a child for illicit activities

The Government wishes to state that the provision under section 200B(4) of the Criminal Offences (Amendment) Act, 2012 (Act No. 849) covers the procuring or offering of a child for illicit activities.

Article 6. Programmes of Action. National Plan of Action for the elimination of worst forms of child labour (2017–21)

As part of implementation of NPA2, the Government, in partnership with stakeholders, has undertaken interventions aimed at preventing, protecting, prosecuting and fostering partnerships. Various stakeholder groups have been formed, provided sensitization and capacity-building to help prevent the WFCL and protect victims.

Formation of groups for sensitization

Fourteen groups have been formed in 1,023 communities and the groups have been able to sensitized: about 7,357,170 individuals. The groups formed included the Community Child Protection Committee (CCPC), Child Right Clubs, Civic Education Clubs, SCREAM Clubs, Farmers Groups Cooperative, Farmers Associations, Faith-Based Organizations, etc. The awareness-creation and sensitization activities have been carried out in all the 260 districts of the country through durbar, campaigns, radio programmes and through community information centers.

Capacity building to identify and remove child labourers

The Government in partnership with the social partners provided capacity-building for 4,474 representatives from various institutions and groups to enhance their capacity to identify and remove children in child labour and make referrals for rehabilitation, where necessary. Beneficiaries included: members of Parliament; labour inspectors/labour officers; GAWU field coordinators and regional officers; community leaders/facilitators CCPC members/operational agents; community-based CLMRS data collectors, teachers; COCOBOD field officers (extension agent); associations and or heads of associations; ECOM franchise holders and regional managers; Cargill farmer coaches and managers; journalist; and law enforcement agencies.

The Ghana Police Service has introduced child-friendly policing in all training institutions for all level of officers who go for training to ensure that cases involving child victims and children in conflict with the law are effectively managed. The Service has developed curriculum and standard operating procedures on child trafficking.

The Government, through social partners and other stakeholders, identified and withdrew a total of 1,088 children from the worst forms of child labour for the period 2017–20; 1,017 of the children were males while the remaining 71 were females. A total of 783 victims were rescued and cared for. Out of the number, law enforcement agencies rescued 611 and NGOs rescued 172 victims.

Prosecutions

Some 556 human trafficking investigations were conducted, 89 accused persons prosecuted and 88 convicted; 65 out of the 88 convicts were given jail terms ranging from 5 to 7 years and the remaining 23 convicts fined up to 120 penalty units each (a penalty unit is 12 cedis/US$2.5).

Implementation of NPA for human trafficking

As part of the implementation of the Human Trafficking Act, 2005, (Act No. 694), the Human Trafficking Fund as provided for under section 20 of the Act has been established. Since the establishment of the Fund, the Government has deposited an amount of 1,500,000 cedis to support the fight against human trafficking. The Human Trafficking Management Board visited Kete Krachi in connection with the CNN documentary on trafficking on the Volta Lake. The Board visited some communities and together with the member of Parliament for the area organized a community durbar to educate and sensitize the people on the dangers associated with child exploitation, child labour and child trafficking. The Human Trafficking Secretariat and the Units of the Police and Immigration Services collaborate with CSOs to undertake awareness-raising and sensitization as well as regular monitoring and rescue exercises on the Lake and in the Central Region. To intensify efforts at prevention, a community dialogue was instituted as part of the Honorable Ministers actions to engage community members to understand the issues of vulnerability and 28 community dialogues and engagements were organized. All High Court and Appeal Court Judges nation-wide were sensitized on issues and modern trends in human trafficking in Ghana and globally 78 judges were trained to strengthen child protection and child-friendly courts.

ILO–IPEC Project

The CCPCs are the fulcrum around which the Child labour Monitoring System revolves. They monitor and identify child labourers and children at risk and refer them for remediation services. A total of 2,612 CCPCs have been formed and as a result, 7,543 children at risk and in child labour cases have been identified through the routine monitoring exercises.

CARING Gold Mining Project

The project created a platform for stakeholders in mining, notably the organized labour and CSOs to engage in preventing child labour in mining. It enhanced the knowledge of stakeholders in programme management and occupational safety and health. It strengthened law enforcement at the local level through community regulations and support for district assemblies’ subcommittees. It facilitated the linkage of project communities to social protection interventions, notably the National Health Insurance Scheme and the Ghana School Feeding Programme.

Article 7(2)(d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs)

Orphaned and vulnerable children (OVCs) continue to be one of the three main criteria for benefiting from LEAP. Child victims and orphans of HIV/AIDS are continuously protected through free medical care, and free education, among others, in addition to the cash transfer. Currently, there are 335,015 households benefiting from LEAP. Out of this, 150,765 are OVC households, with a total household membership of 362,562, comprising 190,438 males and 172,124 females.

Discussion by the Committee

Government representative, Chief Labour Officer – Ghana’s commitment to the international labour standards and such opportunities to provide further clarification on this core Convention cannot be underestimated. The country has never relented in its effort to provide responses to all direct requests and observations. It is important to note that Ghana has ratified 51 ILO Conventions of which eight are fundamental Conventions.

The Government of Ghana, recognizing that child labour has adverse effects on children’s rights, health and education and constitutes a serious hindrance to the achievement of national education and human resource development goals, has developed a legal and policy regime to address child labour comprehensively. In this regard, we have ratified key international instruments and enacted the relevant national laws to deal with child labour. It is important to mention that Ghana has ratified the Minimum Age Convention, 1973 (No. 138), and Convention No. 182. Beyond these, Ghana has enacted various legislations which also find their root in the 1992 Constitution of the Republic of Ghana. These laws include the Children’s Act; the Human Trafficking Act; the Criminal Offences Act; the Juvenile Justice Act; the Labour Act; and the Labour Regulations. These laws are aimed at providing effective protection to children and preventing them from being victims of child labour.

There is a robust institutional framework which has the National Steering Committee on Child Labour as the apex body providing for effective networking of stakeholders and partners. The Child Labour Unit, under the Labour Department of the Ministry of Employment and Labour Relations, is the National Secretariat of the National Steering Committee and coordinates all child labour interventions in the country. This arrangement provides for lead agencies to implement specific activities towards the elimination of child labour. It also provides for the identification of collaborating partners, comprising the private sector, development partners, civil society organizations (CSOs) and non-governmental organizations (NGOs), in complementing the efforts of the lead agencies and the National Secretariat. The institutional arrangement provides for various subcommittees that handle specific thematic issues including policy planning and implementation; monitoring and evaluation; resource mobilization; advocacy and communication; and, importantly, child labour, social protection and labour inspections. Ministries, departments and agencies have desk officers who coordinate child labour interventions in their various institutions.

It is important to note that the Government’s role in the fight against human trafficking is commendable. Available data gathered indicates that 556 human trafficking investigations were conducted, 89 accused persons prosecuted and 88 convicted. Out of the 88 convicted individuals, 65 were given jail terms ranging from five to seven years and the remaining 23 fined up to 120 penalty units each.

The Government wishes to draw the attention of the Committee that section 101A(b) of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act, 2012, covers the use of children in pornography and pornographic performances, and establishes penalties for offenders. Thus, section 101A(2)(b) states as follows: “A person who sexually exploits another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven (7) years and not more than twenty-five (25) years.” Article 28(5) of the 1992 Constitution and section 1 of the Children’s Act 1998 define a child to mean a person below the age of 18 years.

The Government assures the Committee that its efforts to prevent children under 18 years of age from being engaged in hazardous types of work continues relentlessly. To address child labour and prevent children from indulging in any hazardous activity that will ruin their health, safety and education, the Government has taken measures to improve access to education in its efforts to implement the constitutional provision of free compulsory universal basic education (FCUBE) through the expansion of school infrastructure, continued training of competent teachers, a capitation grant covering over 5 million pupils in all public basic schools from kindergarten to junior high school, and the Ghana School Feeding Programme covering about 10,000 basic schools with a student population of over 2 million. Also, the technical vocational educational system is undergoing reforms to create further opportunities for the youth in terms of skill development and job creation.

Again, between 2010 and 2020, the Government progressively reduced the average distance to schools from 4.5 km to about 2.1 km, thus increasing school enrolments in primary and junior high school to 98 per cent and 95 per cent, respectively. The Government introduced the free senior high school policy in 2017 and this has facilitated over 300,000 children who hitherto could have ended in child labour now have access to free secondary education.

The Government has collaborated effectively with social partners, the private sector, development partners (including the ILO, UNICEF, the United States Department of Labor (USDOL) and the European Union (EU)) to take pragmatic measures through prevention, protection, prosecution and partnership in the design and implementation of the National Plan of Action for the elimination of the worst forms of child labour between the years 2009 and 2015, and the second phase spanning the period 2017 to 2021. It involved awareness-raising, monitoring, removal and reintegration of child labourers and children at risk and ensuring their enrolment into schools and vocational training institutions.

To help prevent children from engaging in hazardous work on cocoa farms, the Government has, since 2000, implemented mass cocoa spraying, mass pruning, fertilizer application and subsidies, artificial pollination, and extension services undertaken by adults and farmer groups. These interventions further contribute to improving cocoa productivity and incomes of farmers, hence reducing poverty and vulnerability, which are known to be the main causes of child labour.

In 2010, the Governments of Ghana and Côte d’Ivoire, representatives from the international chocolate and cocoa industry and USDOL, signed a declaration and framework tied to the Harkin-Engel Protocol to take action towards the goal of achieving a 70 per cent reduction in the worst forms of child labour in the cocoa sectors of the two countries in the aggregate by 2020. This effort resulted in tremendous improvement in the fight against child labour culminating in a public–private partnership initiative.

In the determination and revision of the list of hazardous types of work, the Government wishes to bring to the attention of the Committee that since 2008 it has developed, in accordance with Article 4(1)(2) of the Convention, a comprehensive Hazardous Activities Framework (HAF) for the cocoa sector (2008) and a general HAF for 17 other sectors (2012). Among many others, these include: fishing in open waters; fish processing; mining and quarrying; livestock; domestic work; and street hawking.

The HAF, which was validated by the National Steering Committee on Child Labour, became the reference point for child labour-related surveys, including the 2014 National Survey conducted by the Ghana Statistical Service and the Understanding Children’s Work (UCW) report of 2017, entitled Not Just Cocoa: Child Labour in the Agricultural Sector in Ghana, which was referenced by the Committee of Experts in the 2020 report. In accordance with Article 4(3) of the Convention, the Ministry has commenced the review of the HAF. The Ministry is collaborating with the Ministry of Gender, Children and Social Protection, the Ministry of Justice and the Attorney-General’s Department to discuss how to adopt the HAF into law after the review exercise.

The Government has taken note of the Committee’s request and will continue to intensify its efforts towards the elimination of human trafficking, particularly child trafficking. It is important to note that under the Child Protection Compact (CPC) agreement in 2018, a total of 11 government and private shelters are in place. There are 71 children in the shelters (14 in government shelters, 57 in private shelters). The Government has also recruited six professionals and four non-professionals to run the children and adult shelters and four psychologists and mental health workers are on call 24/7. The Anti-Human Trafficking Secretariat, the Anti-Human Trafficking Unit of the Ghana Police Service and the Anti-Human Smuggling and Trafficking in Persons Unit of the Ghana Immigration Service have strengthened their collaboration with CSOs as well as international partners, particularly the International Organization for Migration in this discourse. These institutions collaborate with CSOs to undertake monitoring and rescue exercises on Lake Volta and in the Central Region. Their secretariats undertake awareness creation and sensitization activities in the targeted areas. Stakeholder groups including Community Child Protection Committees (CCPCs), child rights clubs, farmers’ cooperatives and associations, were formed to create awareness and monitor child trafficking and child labour.

The Ghana Police Service has introduced child-friendly policing in all training institutions for all levels of officers to ensure effective management of child victims and children in conflict with the law. The service has developed a curriculum and standard operating procedures on child trafficking. The Government and partners over the period 2017–20 have rescued 1,088 child labour victims comprising 1,017 males and 71 females. Interestingly, Ghana has been upgraded from the Tier 2 watchlist to Tier 2 of the Trafficking In Persons (TIP) Global Report since 2018.

The practice of trokosi has been outlawed in Ghana and there are no known official data on it by public institutions responsible for data collection. All forms of servitude which include the trokosi system have been prohibited in the Human Trafficking Act and its related legislation such as the Children’s Act. Again, the engagement of children in hazardous work on cocoa farms and in fishing has been prohibited in the Children’s Act. The Government, in partnership with stakeholders, has been sensitizing and educating stakeholders such as fetish priests/priestesses, family heads, traditional rulers, religious bodies and indigenes on the abolition of trokosi.

The Government wishes to indicate that Ghana will intensify labour inspections all over the country and especially in areas around the Lake Volta region to address child labour in fishing and other child-related matters.

We will also intensify community sensitization programmes for the public and community leaders to desist from unlawful traditional cultural practices and their negative impact on the child. The CCPCs are the fulcrum around which the child labour monitoring system revolves. They monitor and identify child labourers and children at risk and refer them for remediation services. Some 2,612 CCPCs have been formed and as a result 7,543 children at risk and in child labour cases have been identified through the routine monitoring systems.

The Caring Gold Mining (CGM) Project created a platform for stakeholders in mining, notably organized labour and CSOs, to engage in preventing child labour in mining. It enhanced the knowledge of stakeholders in programme management and occupational safety and health. It strengthened law enforcement at the local level through community regulations and support for district assembly subcommittees. It facilitated the linkage of project communities to social protection interventions, notably the National Health Insurance Scheme (NHIS) and the Ghana School Feeding Programme.

Child orphans of HIV/AIDS and other vulnerable children (OVCs) continue to be one of the three main categories benefiting from the Government’s Livelihood Empowerment Against Poverty (LEAP) programme. Child victims and orphans of HIV/AIDS and over 2,145,018 indigents are continuously protected through free medical care (NHIS) and free education, among others, in addition to the cash transfer. Currently, there are over 335,015 households benefiting from LEAP. Of these, 150,765 are vulnerable households with total household membership of 362,562, comprising 190,438 males and 172,124 females.

As I bring my remarks to a close, I wish to state that Ghana was the only country that subjected itself to the Economic Community of West African States (ECOWAS) peer review in 2013 of nine different areas in our effort, from substantive issues including the legal framework to activities undertaken. Ghana has further demonstrated its commitment to eradicating all forms of child labour by joining Alliance 8.7 as a pathfinder country.

Ghana wishes to mention that the Government will continuously require technical assistance from the ILO to enhance its reporting system through capacity-building, resources and outreach programmes in collecting information from stakeholders. This will go a long way towards assisting other agencies and social partners to understand child labour and the need to submit input in a timely manner to facilitate the reporting system.

Worker members – This is the first time our Committee is examining Ghana’s application of Convention No. 182 and we are examining this Convention as a double-footnoted case, given the seriousness and persistence of the problem and the inexcusable absence of responses to the issues raised by the Committee of Experts.

We note that in 2015, 2017, 2018 and 2019 the Committee of Experts raised serious concerns regarding Ghana’s application of the Convention and between 2004 and 2020 addressed 12 direct requests to the Government. We deplore the repeated failure by the Government to prioritize the supply of information to the Committee of Experts in response to its observations and direct requests on such a serious matter as the worst forms of child labour.

In particular, we deplore the failure of the Government to provide information on the actions taken to address the urgent situation of children trafficked for exploitation in the fishing industry, domestic servitude, the cocoa industry and those exploited in harmful practices such as the trokosi system of servitude and debt bondage.

You recall at the very essence of the ILO supervisory system is the dialogue between its constituents at the national and international level, and this dialogue is based on information provided on the application of the Conventions in law and in practice. Failure to submit reports, comments or replies undermine the supervisory system and the very functioning of the ILO. The Government of Ghana, as a matter of urgency, must seek ILO technical assistance to build the necessary capacity to live up to its reporting obligations.

The Committee of Experts has raised a number of very serious concerns with regard to the Government of Ghana’s application of the Convention. With respect to Article 3 of the Convention, we welcome the Government’s information that an Anti-Human Trafficking Unit has been established and that in November 2015 the Human Trafficking Legislative Instrument was adopted together with a national plan of action for the elimination of human trafficking. We also welcome the information that a total of 556 human trafficking cases have been investigated, following which 89 accused persons were prosecuted and 88 convicted and punished with various jail terms and fines. We are, however, deeply concerned that whereas it appears that the Government has made some progress in adopting legislation and an action plan, in practice there has been not much progress in prohibiting and eliminating the worst forms of child labour.

Regrettably, according to reports, over 2 million children between 5 and 14 years of age are engaged in some form of economic activity for pay, profit or family gain with over 78 per cent of them working in agriculture, forestry and fishing and under circumstances that harm their health, safety and morals. It is alarming that Ghana continues to be a source, transit and destination country for trafficking of persons, in particular the trafficking of boys and girls for labour and sexual exploitation. The number of children engaged in street hawking, begging, portering, artisanal gold mining, couriering, herding and agriculture is on the rise, heightening the risk of exposure of these children to exploitation in trafficking of illicit drugs. This situation requires urgent, continuous and focused attention from the Government in consultation with the social partners in order to meet its obligations under the Convention. The Government must step up the investigation and prosecution of persons engaged in the sale and trafficking of children and ensure that in law and in practice, sufficiently effective and dissuasive sanctions are imposed.

Regarding the use, procuring or offering of a child for the production of pornography or for pornographic performances, we note that the Government has indicated in its latest response that section 101A(b) of the Criminal Offences Act, 1960, as amended, protects children from being used in pornography and pornographic performances, providing for penalties for offenders. However, the Government’s response does not address the question of whether the Criminal Offences Act expressly defines a child as one under the age of 18 in line with the Convention.

The Government must work in consultation with the social partners to amend the legislation in accordance with the observations of the Committee of Experts. Also, the Government must provide information on the application of section 101A(b) of the Criminal Offences Act in practice, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied in this regard.

We are deeply concerned at reports that an estimated 10 per cent of children working on cocoa farms are engaged in hazardous activities. According to the report, the incidence of child employment in cocoa appears to be rising faster than elsewhere. Over 200,000 children in the principal cocoa-growing regions are exposed to hazardous work and suffering serious injuries. Cocoa brings in about 40 per cent of Ghana’s total earnings and has a prime place in the economy of Ghana. Child labour in its worst forms in Ghana also has implications for Ghana’s cocoa supply chains in the global economy. We note that since 2000, the ILO has been providing technical assistance to the social partners in Ghana to eliminate child labour and its worst forms.

The Government must take advantage of the assistance of the ILO in this direction to ensure that it doubles up its efforts to prohibit and eliminate the worst forms of child labour in the cocoa industry. Similar challenges exist in the fishing sector, with children engaged in hazardous work under very poor working conditions and suffering serious injuries.

The other pernicious issue here is that many of these children are victims of trafficking and forced labour and are exposed to sexual slavery. The Government must urgently and seriously intensify its efforts in consultation with social partners to prevent children under 18 years of age from being exploited and engaged in hazardous types of work in this and any other sector. More efforts need to be put into rescue, rehabilitation and social reintegration of child victims. The Government must provide information on the measures taken in this regard, as well as the measures taken to ensure that child victims have access to education, training and skills development, including measures to enforce and monitor the effective implementation of policies and programmes to eliminate and prohibit the worst forms of child labour.

The Government has provided latest information indicating that it adopted a list of hazardous types of work in line with Article 4(1) and (3). We request the Government to provide to the Committee of Experts at its next sitting the list including its road map and action plan for its urgent review.

In the same direction, in compliance with Article 7(2) of the Convention, the Government must, in consultation with the social partners, and as a matter of urgency, design an effective comprehensive and time-bound plan to prevent the engagement of children in the worst forms of child labour in all areas, providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

With respect to the traditional practice of trokosi, the Government’s response indicates that the system has been outlawed in Ghana and there are no known official data on it. In our view it is not enough for the Government to proscribe the practice in law. The Government must ensure that, in practice, children are not subjected to this very harmful practice of servitude and debt bondage. The Government must put in place measures to monitor the enforcement of the law in practice and to submit a report to the Committee of Experts on progress.

Employer members – The present case is a double-footnoted case dealing with the application in law and in practice of a fundamental Convention, Convention No. 182, in Ghana. This is the first ILO Convention to achieve universal ratification by all 187 ILO Member States. This is a historic achievement that the Employers’ group praises and has always supported. Furthermore, 2021 marks the International Year for the Elimination of Child Labour. However, the universal ratification does not mean automatic implementation in law and in practice. It is the first time the Committee has discussed the application in law and in practice of the Convention by Ghana. Ghana ratified the Convention in 2000. Unfortunately, the Government did not submit its report on the application of the Convention to the Committee of Experts, so the latter’s comments are based on previous government submissions and other sources of information. The Committee of Experts made prior observations, noting gaps in the compliance of Ghana with the Convention in 2015, 2017, 2018 and 2019, and more recently in the reports issued in 2020 and 2021.

We thank the Government of Ghana for having submitted additional information to the Committee, while we find some issues regarding the application of this Convention. We regret the information was not transmitted in time for its analysis by the Committee of Experts. The Committee of Experts’ observations outline very serious elements of inadequacy with the implementation of the Convention in Ghana. These elements have finally been backed by government information. Let me summarize them around three issues.

First, regarding Article 3(a) and (b) of the Convention, which prohibits all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, and using, procuring or offering of a child for the production of pornography or pornographic performances. The Committee noted that Ghana continues to be a source, transit and destination country for trafficking of persons, as trafficking of persons both for labour and sexual exploitation are more prevalent within the country than just national trafficking, and urged the Government to submit further information on the issue.

We again thank the Government for providing information on the application of the Human Trafficking Act, and the Human Trafficking Legislative Instrument adopted in 2015, and for shedding light on the extent of the conduct described in section 101A of the Criminal Offences Act, as amended in 2012. Despite this new information, and considering the prevalence of these practices, the Employer members request the Government to redouble its efforts and take measures to ensure that in practice thorough investigations and robust prosecutions are carried out in all cases regarding children under the age of 18, and that sufficient effective and dissuasive sanctions are imposed.

Second, as for provisions in articles 752(a) and (b) on prevention, removal, rehabilitation and social integration of children engaged in the worst forms of child labour, the Committee of Experts expressed deep concern regarding the situation of victims of the worst forms of child labour, including: the significant number of children engaged in hazardous conditions of work in the agricultural sector, and particularly in cocoa-specific hazardous activities. Children are trafficked into fishing activities or they are otherwise engaged in hazardous fishing activities, or in the domestic sector in the Lake Volta region. There is the persistence of the trokosi system, notwithstanding its prohibition by law and despite the Government’s efforts to withdraw children from trokosi.

The Government submitted and shared today some relevant information regarding the measures taken in this regard. We welcome these efforts and the commitment to combat these extremely serious issues. We encourage the Government to continue working as a matter of urgency with international development partners and the social actors to tackle the socio-economic circumstances that either lead to or result in the exploitation of children. In particular, we commend the programmes developed within the cocoa sector, ensuring that children do not engage in hazardous work.

The Employer members encourage the Government to continue adopting, as a matter of priority, the measures concerning child labour awareness and community sensitization, as well as capacity-building for district labour inspectors, social workers and the private sector. Also, taking into consideration the role of education in preventing children from being engaged in the worst forms of child labour, the Employer members suggest that the Government should intensify its efforts to facilitate access to free basic education for all children, especially girls, increasing the school enrolment rates and decreasing their dropout rates.

We request the Government to continue reporting on the National Plan of Action for the elimination of the worst forms of child labour, and the other programmes concerning measures to prevent and remove children from these worst forms of child labour, providing for their rehabilitation, social integration and providing, if possible, data disaggregated by gender and age.

Third, regarding Articles 4(1) and 4(3) on the determination and revision of a list of hazardous types of work, the Committee of Experts noted the lack of information regarding the state of the review process on the Ghana hazardous child labour list and asked what measures are being taken to adopt and include the list into the Children’s Act. According to the submission by the Government, the Ministry has commenced a review of the Hazardous Activities Framework for the cocoa sector and will later liaise with the Ministry of Gender, Children and Social Protection, the Ministry of Justice and the Attorney-General’s Department to discuss how to adopt the Hazardous Activities Framework into law after the review.

It is not yet clear whether there have been any advances made regarding other economic sectors on the list, or the role of consultation with organizations of workers and employers in this process. Against this background, we request the Government to ensure the finalization and adoption of the list to submit information on any progress made in this regard to the Committee of Experts, and to provide a copy of the list once it has been adopted.

The Employer members thank once again the Government for the written and other information submitted to the Committee. We note that the ILO is already providing its precious assistance under the framework of the EU–ILO Trade for Decent Work Project implemented as of 2021, and we encourage the Government to seek further technical assistance from the ILO to increase capacity of tripartite constituents in order to implement effective strategies to eradicate the worst forms of child labour, built upon timely and effective consultation with the social partners.

To conclude, we want to emphasize that as long as the last case of the worst forms of child labour exists on the planet, more work needs to be done by governments, employers and workers’ organizations and the ILO itself.

Worker member, Ghana – Ghana’s application of Convention No. 182, in law and in practice, raises serious concerns. Child labour and its associated phenomena continue to be a challenge in Ghana. According to the Ghana Living Standard Survey (GLSS), round seven, of 2017, over 2 million children aged between 5 and 14 are engaged in some economic activities for pay; 78 per cent of these children are in agriculture, forestry and fishing. Children are also found in the wholesale and retail trade, mining, quarrying, manufacturing, construction, transportation, storage, accommodation and food services.

Child labour denies children their childhood and their future. They miss educational opportunities, they are exposed to exploitation, including commercial and sexual exploitation, and early marriages. Children engaged in child labour are denied social mobility, thus denying them gainful employment opportunities to access higher incomes in future earnings, and in some cases they remain trapped in a cycle of poverty. Ghana will ultimately be the worse for it, since by implication, the country loses the much-needed human resources capacity for development.

We also note that with the growing participation of children in the labour market, adults are denied employment opportunities and their negotiated rights also undermined.

In spite of the fact that Ghana was the first to ratify the United Nations Convention on the Rights of the Child and has ratified many regional, continental and international instruments and have passed laws at the national level, the bane of Ghana’s child labour phenomenon in Ghana is ineffective implementation of its own laws and policies.

The setting up of the National Steering Committee on Child Labour and the development of the National Plans of Action (1 and 2) aimed at developing holistic strategies including promotion, implementation and monitoring of child labour free zones.

We recognize that this and other initiatives targeted at dominant sectors such as agriculture (cocoa/fishing), mining, quarrying, construction, transport and services (street hawking, begging and portering) have led to mixed successes. These interventions have resulted in the withdrawal of a total of 1,088 children from the worst forms of child labour for the period 2017 to 2020. Other results include a total of 556 human trafficking cases investigated, in which 89 accused persons have been prosecuted and 88 convicted. However, these direct interventions have not been widespread given the magnitude of child labour especially in areas such as cocoa, Lake Volta/marine fishing, oil palm, construction, mining, among others. With regard to fishing on Lake Volta, for example, which has over 12 districts, the direct interventions have focused on 3 of the districts, leaving 9 out of the 12 districts unattended to, and in Lake Volta fishing we have much work to do. The Government will have to intensify efforts to ensure that districts and municipal assemblies prioritize the issue of child labour in their medium- to long-term planning processes and provide adequate resources.

Social partners have played a key role in the progress that has been made so far. We are working together to include child labour clauses in collective agreements in workplaces. The evidence is overwhelmingly clear: where social partners effectively collaborate, child labour is either absent or totally eradicated. Within the last decade, for instance, the General Agricultural Workers’ Union (GAWU) of the Trades Union Congress-Ghana, using the child labour-free zone concept, have identified, removed, reintegrated and resettled over 6,000 children from child labour within fishing, cocoa, oil palm and rice-producing communities. These children were either put in formal schools or provided with employable skills.

The Government must redouble, scale up and accelerate its efforts towards eradicating child labour and complying with its obligations under the Convention. The Government must ensure that section 101A of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act, 2012, is further amended, in consultation with the social partners to align with the Convention No. 182. In relation to the hazardous work list, we urge the Government, in consultation with the social partners, to ensure that the list is without delay finalized and a progress report sent to the ILO. With respect to trokosi, we are concerned that being linked to culture and tradition, the practice could be going on underground and it is important that the Government monitors to ensure that trokosi is not only proscribed in law but also in practice.

In conclusion, as Workers’ delegates, we will request ILO technical assistance to ensure that we have the necessary support, capacity and resources to tackle all forms of child labour, especially the worst forms, in accordance with the tenets of Alliance 8.7 and Ghana’s obligations under the Convention.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, the Republic of North Macedonia, Montenegro and Albania, and the EFTA country Norway, member of the European Economic Area (EEA), align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, together with freedom of association and the abolition of forced or compulsory labour and child labour. We actively promote the universal ratification and implementation of fundamental international labour standards, including Convention No. 182.

We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular. We thank the Office and give our full support for its constant engagement in promoting labour rights in Ghana.

Ghana is a major partner of the EU in the region including on security matters. Ghana has a commendable track record on democracy, as demonstrated once again with the December 2020 elections. Ghana and the EU have a close and constructive relationship under the Cotonou Agreement, enhanced by the Economic Partnership Agreement (EPA) covering trade and development cooperation. The recent negotiators’ deal on a new post-Cotonou EU/Africa, Caribbean and Pacific (ACP) Partnership Agreement reaffirms not only our joint commitment on trade aspects of sustainable development but also in general to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance.

Ghana has ambitions for its economic transition, with “Ghana Beyond Aid” implying significant reforms of its economy and governance, which include serious measures to reduce child labour.

Based on the observations of the Committee of Experts, we note with regret that there is a significant number of cases of sale and trafficking of children, and that offences related to the use, procuring or offering of children for the production of pornography and for pornographic performances are still being reported, as well as practices under the trokosi system despite their prohibition by law.

Furthermore, the EU and its Member States are concerned at the enduring practice of children being engaged in hazardous work. We urge the Government to continue their efforts in implementing and strengthening effective and time-bound measures to prevent children from becoming victims of trafficking and to remove child victims from all forms of child labour, in particular the worst forms of child labour, and ensure their rehabilitation and social integration. We also ask the Government to promptly take the necessary measures to incorporate the list of hazardous types of work into its legislation.

We welcome the written information provided by the Government. We also note the progress made in investigations and prosecutions of trafficking cases and the advancements in the implementation of the National Plans of Action for the elimination of the worst forms of child labour and for the elimination of human trafficking.

We encourage the Government to pursue its efforts and engagement with the Office and seek further technical assistance from other relevant actors, including within Alliance 8.7. We support these efforts, including through close cooperation with the Ministry of Employment and Labour Relations, and encourage the Government to strengthen their engagement through initiatives such as the partnership for sustainable cocoa production including multi-stakeholder dialogue and operational support, as well as the EU–ILO Trade for Decent Work Project. In the context of the latter, the ILO Office is providing technical assistance to the tripartite constituents. We also can expect that Ghana’s efforts to eliminate child labour will be further amplified by additional support under the EU’s 2021–27 programming of cooperation, specifically targeting the abolition of child labour, trafficking and abuse.

The EU and its Member States remain committed to their close cooperation and partnership with Ghana to promote decent work worldwide, and the abolition of child labour, especially in its worst forms, and child trafficking and abuse in particular.

Government member, Mali – I am taking the floor on behalf of the Government of Mali to support the Republic of Ghana regarding its efforts and to encourage it to pursue its current reforms in relation to the application of Convention No. 182. Furthermore, the Government of the Republic of Mali would like to ask the International Labour Office to continue to assist the Government of Ghana with a view to the full application of the Convention.

Government member, United Kingdom of Great Britain and Northern Ireland – The UK and Ghana have a strong and historic partnership. We are working together to support the vision of “Ghana Beyond Aid”, tackle inequality, and create the foundations for future, mutual prosperity. Progress to remove children from the worst forms of child labour is essential, and we urge the Government of Ghana to continue their efforts to tackle this issue.

Children are one of the most vulnerable groups exploited by perpetrators of forced labour and require specific solutions to protect them from harm. The UK Government continues to push for elimination of the worst forms of child labour from global supply chains.

Cocoa production is important for Ghana’s economy, supporting millions of farming households but we are concerned that there has been an increase in hazardous child labour within the sector. We welcome the measures that the Government of Ghana is taking, particularly access to education.

The impact of COVID-19 includes the increased risk of child labour. We welcome the commitments by the Minister of Education to keep schools open, and that the vast majority of children have now returned. COVID-19 has had a disproportionate impact on women and girls, and ensuring girls return to school is important in tackling child labour.

We were pleased to see the commitments by the Minister for Gender, Children and Social Protection to tackle child trafficking and the information from the Government on the number of cases investigated, prosecuted and convicted. We hope the Ministry can strengthen social protection systems, including cash transfers to reduce the risks of trafficking and child labour.

We welcome the number of children withdrawn from the worst forms of child labour and urge the Government to share further information relating to cases of children drawn into pornography. Furthermore, while it is important that the trokosi system has been outlawed and the Government is engaging with communities to support its abolition, we urge the monitoring of continued suspected incidences.

We urge the Government of Ghana to continue its important efforts.

Worker member, Norway – I will speak on behalf of the trade unions in the Nordic countries. Human trafficking is modern-day slavery, a crime and a grave violation of human rights. Ghana continues to be a source, transit and destination country for trafficking in persons. However, the worst forms of internal trafficking for hazardous labour relate to children. Many Ghanaian children up to the age of 4 are trafficked from their homes and home villages to work in fishing activities on Lake Volta. For most of us, they are just stories and statistics we read in ILO publications. In March 2019, CNN, through their “Freedom Project” programme, brought into our homes heart-breaking documentaries on the reality of children engaged in fishing on Lake Volta. Each day they go down in that lake to retrieve nets, they do not know if they will come up alive or become another anonymous corpse at the bottom of the lake. To the “master”, as the slave owner is commonly called, these are not human beings but simply tools of production. CNN made us realize that these children are visible human beings, they have dreams, they also have names. One of them is Adam, he would like to be in school but he is forced to fish for up to 12 hours a day, 7 days a week, with no break.

The Nordic trade unions are deeply concerned about these violations. We urge the Government to take immediate action towards the elimination of the worst forms of child labour. The Government should further improve access to free basic education for all children. Ghana has a relatively good legal framework for combating trafficking, The challenge lies in its application. This calls for close collaboration with social partners, traditional rulers and local communities to isolate and address the root causes of these forms of child labour and why they still persist today. Ghana, as the pioneer of freedom from colonial rule on the African continent, is expected to take the lead in eliminating any form of servitude on its soil. All it takes is political will.

Government member, Switzerland – The eradication of the worst forms of child labour, in which Convention No. 182 plays a role, is a universal principle applicable to all children aged under 18 years and is one of the ILO’s most important objectives. Switzerland attaches great importance to this fundamental Convention.

While recognizing the efforts made by the Government of Ghana to eliminate child labour and to make primary education compulsory, many children, particularly in the agricultural sector (including cocoa and fishing) and domestic work, and also in artisanal gold mining, continue to be exploited and exposed to the worst forms of labour. Moreover, children under 18 continue to be exposed to pornographic forms of labour.

Switzerland believes that there are gaps in the implementation of the National Plan of Action for the elimination of human trafficking in Ghana. However, the fight against trafficking in persons that involves children must be as intense as possible, for all countries.

A number of gaps in law and in practice remain. In that respect, Switzerland encourages the Government of Ghana to take the necessary steps to bring its legislation into line with the Convention. In particular, it recommends adopting all necessary measures without delay to improve its mechanism for reporting the number of criminal proceedings relating to trafficking in persons aged under 18 years and on the number of victims of trafficking. Criminal offences must be subject to sanctions that are sufficiently dissuasive and strictly applied to the perpetrators in all cases.

Switzerland will continue to combat child labour in cooperation with the cocoa sector in Ghana. The number of children compelled to engage in hazardous types of work remains excessive. Lastly, Switzerland encourages the Government to eliminate the trokosi system in practice too, and to raise awareness of its dangers among the indigenous peoples, thereby intensifying its efforts to eliminate all forms of child labour.

Interpretation from Arabic: Government member, Algeria – The Algerian delegation would like to support and assist the efforts of the Republic of Ghana in relation to the implementation of the Committee of Experts’ recommendations regarding Convention No. 182. The Algerian delegation would like to welcome the efforts and work undertaken by the Government of Ghana and its close involvement in consultation with all relevant partners, particularly trade unions and employers, in order to strengthen protection for children against all forms of abuse and exploitation. As we have seen, the establishment of a National Steering Committee on Child Labour as a supreme organ providing an effective network and an institutional partnership is a strong sign of the Ghanaian Government’s will to share good practice and strengthen cooperation.

Lastly, the Algerian delegation would like to encourage the Republic of Ghana to strengthen its supervision and investment in the area of education and training in order to tackle the worst forms of child labour sustainably and to win the fight ongoing at different levels of social development, while taking into account the complexity of the socio-economic and cultural issues in Ghana.

Government member, United States of America – The United States Government has worked closely with the Government of Ghana for over 20 years to eliminate the worst forms of child labour. Through this cooperation, we have also engaged with the Government, social partners and civil society to reduce the prevalence of child labour in the country, particularly in the cocoa, gold mining and fishing sectors. We are encouraged by the political will demonstrated by the Government to combat child labour in the country, including the Government’s coordination efforts on child labour and it significant increase in investigations and convictions of those who violate child labour laws.

Still, significant challenges remain. We strongly urge the Government to fully implement the Committee of Experts’ recent observations, including by taking immediate action to revise the list of hazardous occupations and activities for children. It is also imperative that the Government address issues related to the absence of information in its reports to the ILO. To that end, we note that the US Department of Labor’s 2019 findings on the worst forms of child labour report urges the Government to implement the following key recommendations: ensure that laws criminally prohibit all forms of commercial sexual exploitation of children, including by prohibiting the use of children in pornographic performances; ensure that laws criminally prohibit the use of children in all illicit activities, including in the production and trafficking of drugs; strengthen the labour inspectorate by authorizing inspectors to assess penalties for labour violations and providing adequate resources to carry out their mandate; and to replicate, create and expand effective models for child labour.

The United States remains committed to collaborating with the Government of Ghana, in particular through our ongoing technical assistance projects that aim to combat forced labour and labour trafficking of children, economically empower adolescent girls and strengthen the capacity of cocoa cooperatives to address child labour issues. We encourage the Government to continue to work closely with the ILO and other international stakeholders.

Interpretation from Arabic: Government member, Egypt – We took note of the statement made by the Government of Ghana with reference to the application of Convention No. 182. We have also read the information about the efforts undertaken by the Government of Ghana. We see that its legislative, institutional and political framework has now been adopted and this sends a strong signal that they wish to combat all forms of exploitation in the country and ensure that children can develop as they should.

We also note the work done by the Government in seeking to enhance access to education and to prevent children being involved in any hazardous work. We have seen that the school system has been strengthened and that competent teachers are now being hired. School programmes have also been enhanced. We also note that the Government of Ghana has made secondary education free of charge and obligatory. This is something that started in 2018. Measures have been taken by the Government in seeking to improve productivity in the cocoa sector with a view to increasing the income of farmers in that sector; this is intended to overcome the problem of poverty which does result in child labour.

The Government of Ghana and social partners have also sought to make the country more aware of child labour and efforts have been undertaken at national level to that end. We see that a lot of societal work is now being done and different groups are involved in trying to get children out of labour and to support their families and to ensure that the children can be directed to education and other activities. All of this within a legislative framework that seeks to fight against human trafficking.

We wish to commend all of this work. In conclusion we wish to express our support for all that has been done by Ghana in seeking to implement the Convention.

Government member, Canada – We thank the Government of Ghana for the updated information provided on its implementation of Convention No. 182. Canada strongly believes that all children, particularly girls, have the right to reach their full potential through safe and equitable access to education, which is a critical element in eradicating child labour. In this regard, we commend the Ghanaian Government’s efforts to provide, and improve access to, free compulsory universal basic education to its citizens.

However, we are deeply concerned at continued reports of the worst forms of child labour in Ghana, including in the procurement of children for use in pornography, hazardous child labour in cocoa farming and gold mining, trafficking in children for the purposes of forced labour in fishing and domestic service and, lastly, ritual servitude under the trokosi system.

The Government of Ghana must act to protect its children from the worst forms of child labour and rehabilitate its youth. We therefore urge the Government to take immediate action to:

• adopt a law prohibiting the procurement or offering of children under 18 years of age for use in pornography or pornographic performances;
• adopt the necessary Hazardous Activities frameworks to prevent children from working in hazardous sectors;
• intensify all measures to investigate, arrest, and prosecute cases related to the worst forms of child labour, including trafficking in children;
• provide multisectoral services such as psycho-social support, education, and family economic empowerment, and invest in child protection systems, particularly for children removed from the worst forms of child labour;
• finally, track and provide annual gender-disaggregated statistics to the ILO.

We sincerely hope that the next report of the Government of Ghana to the Committee of Experts will highlight positive developments and we wish the Government every success as it moves forward.

Government member, Ethiopia – We would like to thank the Chief Labour Officer of Ghana for this presentation. Ethiopia would like to take due note of the several measures taken by the Government of Ghana in reviewing its legislative framework towards complying with the Convention. These measures in our view are positive steps in the right direction as the legal instruments will assist the eradication of child labour, forced labour and human trafficking in Ghana. The Government of Ghana has also informed this august body that it is working closely with social partners and other stakeholders in reviewing its legal system. We applaud the readiness of the Government of Ghana to continue working with social partners and indeed with the ILO to give effect to the principles enshrined in the Convention in point.

The efforts undertaken by the Government of Ghana in the advancement of the application of the Convention is commendable. We would therefore like to encourage the ILO to provide technical assistance to complement the Government’s efforts to strengthen the labour inspectorate system in the country and ensure the full application of the Convention. Finally, we hope the Committee in its conclusions will take into consideration the efforts made by the Government of Ghana.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – 2021 is the International Year for the Elimination of Child Labour. It was declared as such with the aim of encouraging legislative and practical actions to eradicate child labour worldwide. We know that most of child labour happens in Africa and most of it in agriculture. No progress will be possible globally if we fail to provide support to the African countries in addressing this problem.

Ghana was one of the first countries to ratify Convention No. 182. This happened over 20 years ago and it was an encouraging sign of the commitment to take relevant action. The ratification campaign laid the ground for several important initiatives proposed by the trade unions and civil society of the country. These initiatives are carefully studied and critically evaluated by the international experts of the ILO and other UN agencies, including the FAO (Food and Agriculture Organization), for agriculture and fisheries. The conclusion is that they deserve serious support and multiplication.

At the IUF, we are well aware of the efforts to end the use of child labour undertaken in Torkor, one of the Lake Volta settlements. Children were massively used there in lake fishing and there were numerous accidents, also fatal. This came to an end when local inhabitants, authorities, moral leaders inspired by activists of the General Agricultural Workers’ Union of the Trades Union Congress–Ghana joined forces and with the support of the State removed children from the fishing boats. But Torkor is only one of more than 1,000 villages around Lake Volta where children are still being trafficked and exploited. The Torkor example should be replicated 1,000 times, which is only possible with the adoption of a relevant state policy and action programme. There are other initiatives that require immediate support from the Government with the child labour-free zones being one of them.

Today, 2 million children are still desperately waiting for the Government to act. The Committee of Experts produced a solidly-grounded report and straightforward recommendations The Government of Ghana should be encouraged to make full use of the provided expertise and cooperate with trade unions in the development, adoption, and implementation of the urgently needed measures. This, of course, will require technical assistance from the ILO.

Government member, Cameroon – Indeed, the document submitted by the Ghanaian Government demonstrates clearly the efforts made by the public authorities in Ghana to apply and enforce the Convention. Cameroon, taking into consideration all these laudable efforts, commends the Government of Ghana for all the efforts and steps undertaken. Cameroon requests the Committee to take into account Ghana’s efforts and recognize the country’s resolute commitment to the fight against the worst forms of child labour. To that end, the Government of Cameroon encourages its brother country, Ghana, to continue to request support from the Office in order to win the fight against child labour.

Government member, Zimbabwe – Zimbabwe has taken note of the statement made by the representative of the Republic of Ghana and the interventions by other delegates, especially the Workers’ and Employers’ groups.

Eradicating child labour, especially the worst forms, is a goal that we collectively undertook to pursue when the International Labour Conference adopted Convention No. 182. Zimbabwe is pleased to learn that Ghana is precisely working towards eradicating the worst forms of child labour. The representative of the Republic of Ghana informed this august house about several interventions that are addressing the worst forms of child labour in different sectors including in the communities. Zimbabwe therefore urges the Office to continue supporting Ghana’s efforts to address in full the worst forms of child labour.

Government member, Namibia – Namibia takes this opportunity to join this discussion on the Convention, and on the six observations and five direct requests which were made by the Committee’s 2020 report on the Republic of Ghana. Namibia notes the progress made by the Republic of Ghana on the Convention under discussion by the Committee, notably, the total number of 556 human trafficking cases that have been investigated and in which 89 accused persons have been prosecuted and 88 persons convicted. This is indeed commendable progress.

Namibia also notes that the Republic of Ghana’s laws and policies conform to the purpose and spirit of Article 3(b) of the Convention in highlighting the prioritization of the fight against child exploitation by ensuring that cases are investigated and minimum sentences are set in policy with respect to the conviction and the term of imprisonment. In our view, this stance underpins the seriousness with which the Government is tackling the worst forms of child labour.

Namibia further notes the progress made and measures taken by the Government of Ghana with respect to preventing children from being engaged in, and removing them from, hazardous work, in the form of improving access to education, training competent teachers, the capitation grant and the Ghana School Feeding Programme. This has ultimately resulted in an improved enrolment rate at primary and junior high school level of 98 per cent and 95 per cent, respectively.

In conclusion, Namibia takes this opportunity to thank the Committee for its constructive observations and direct requests and, in the same spirit, we call upon the International Labour Organization to continue supporting the Government of the Republic of Ghana with the full technical assistance they may require to ensure that they effectively eliminate all forms of child labour as they build forward better.

Government representative – Thank you for the opportunity given me to do a summary and let me take this opportunity to thank all those who have contributed to the debate. I also thank the Committee of Experts for the exhaustive analysis of the situation in Ghana.

I want to reiterate the point that Ghana is a champion of human rights, and as a champion of human rights we will not relent in our efforts to get every Ghanaian free, especially children, until we have zero cases of child labour. We are never going to relent in our efforts to make sure that we succeed in our war to reduce or to eliminate all forms of child labour.

We will continue to improve on our legislation. No doubt a deeper cooperation especially with all of our development partners to make sure that at least we explore all avenues and new techniques in making sure that this menace of child labour is eradicated from our soil.

By this I am trying to say that the already extensive cooperation between Ghana and institutions like the ILO, UNIDO, EU, UNICEF, GIC and many other organizations will continue. We will also explore the possibility of making sure that we add on to so many of these development partners, who have equal responsibility for making sure that we work to eradicate child labour.

We will continue to extend an open invitation to any organization that is prepared to work with Ghana in the area of making sure that children are not exploited. We believe strongly that our children are our future. Our children are the next generation, so if we do not take very good care of them, if we do not prepare for them, if we do not give them the liberties to be able to develop themselves, perhaps we will not be able to bequeath to them a future that would be worth dying for.

We will continue to work with our tripartite partners to ensure that we reach our collective aim of eradicating child labour from Ghana. Yes, the Ghana labour survey in 2014 indicated that some 1.9 million children are involved in productive work. But between 2014 and now, together with our collective efforts, we have made quite a strong effort. We have 95 per cent of our schoolchildren, especially at the junior high level, in school and even for primary school we have 98 per cent, but our commitment is this: the 5 per cent and the 2 per cent rates, what is happening to them? It is possible they are being exploited. We will work to ensure that we have a 100 per cent enrolment and 100 per cent retention rate, with quality teaching and quality services at the school level.

May I at this juncture also plead that Ghana, for its part, together with its development partners have done all that we can, but we also need the cooperation of actors that we will work with.

The number one exports of Ghana have been gold and cocoa. Cocoa is predominately an agro-based product, which is grown not on a plantation basis in Ghana but on a small agro-wide system. Most of these farmers who engage in cocoa farming are poor. Their products are bought at very low prices and many of them do not make enough income to be able to cater for themselves as well as even cater for their farms. Going forward, I will want to plead with all those involved in the cocoa global chain to also make sure that at least cocoa farmers get what their efforts deserve so that they will also not involve their children in cocoa production.

To wind up, I once again want to reiterate the point that Ghana is committed to making sure that the least child is removed from all forms of child abuse and we will continue to cooperate and collaborate with any organizations, with the ILO being the lead organization, to make sure that this goal is reached, especially having in mind our own targets of eradicating child labour by the year 2025. I am confident that we will be able to break that and I need your support to join us.

Employer members – In its concluding remarks on this case, the Employer members would like to recall that the global estimate, as mentioned in an ILO publication of 2018 entitled Ending Child Labour by 2025: A Review of Policies and Programmes, indicates that 152 million children, 64 million girls and 88 million young boys, are in child labour globally, accounting for almost one in ten of all children worldwide.

These numbers have certainly been exacerbated by the COVID-19 pandemic, which has pushed vulnerable groups towards increased poverty levels. We have some extremely serious allegations regarding this case and we cannot turn a blind eye on child labour practices, not least the persistence of cases of the worst forms of child labour.

It has been indeed good to hear that the Government of Ghana is taking this case seriously, working in partnership with national and international stakeholders, and receiving the ILO’s technical assistance. The Employer members would like to thank again the Government and Workers for their useful information, especially on the implementation in practice of the Convention. We would like to thank also all delegates for their presentations and insights.

We are pleased to hear all the measures that have been undertaken by the Government of Ghana to deal with this persistent and serious problem. There is a real, urgent need to act and the Employers’ group hopes that the Government’s efforts will be equal to the task. Ghana must take prompt action to ensure a concrete impact on children’s lives. The Employer members certainly hope that the Government will continue to develop in terms of the concrete measures to ensure the protection of a significant number of boys and girls who remain vulnerable to being trafficked and being subject to commercial sexual exploitation, and that we can soon witness some progress regarding the state of affairs described.

Once more the Employer members recall the importance of submitting the report to the Committee of Experts in due time because this is the only way the ILO supervision can work properly and provide adequate information prior to the case discussion. In the light of the debate, the Employer members invite the Government to redouble its efforts and explore new ways to fight child labour and its worst forms and deal with the root causes of the problem. Moreover, the Employer members would like to recommend the Government to: intensify its efforts to ensure that any practice of child labour and the worst forms of child labour are no longer a reality in the country; ensure that the scope of section 101A of the Criminal Offences Act, as amended in 2012, extends to young boys and girls under the age of 18 and 16 years old and that offences are properly prosecuted also for this age range; ensure that the political review of the list of hazardous types of work contained in section 91 of the Children’s Act of 2008, in line with Articles 4 and 3 of the Convention, is conducted, approved and communicated by the Government in its periodical report and detailed information is provided on the programmes of action, especially on the National Plan of Action for the elimination of human trafficking and its actual impact.

Worker members – We listened carefully to the very interesting discussion and we note the comments of the Government of Ghana. Everyone will agree as regards the very serious and deleterious effects of child labour on the social mobility of children and the curtailed development they suffer. In many cases, this sentences them to a life cycle of poverty and delinquency.

We share the deep concerns and regrets expressed by the Committee of Experts in this report and, in particular, we highlight the failure of the Government to provide reports in response to the requests of the Committee of Experts, the resurgence of child labour in the cocoa industry and the terrible conditions of slavery under which children work especially in the Lake Volta area. We highlight also the increased risk of exploitation of children engaged in street-hawking, portering, artisanal mining and agriculture, noting that the exploitation of children is also rife in the oil production region in Ghana.

The Government must therefore urgently institute effective and timely measures, including a truly updated and comprehensive National Plan of Action for the elimination of the worst forms of child labour to prevent children from becoming victims of trafficking and to remove child victims form the worst forms of child labour.

Resourcing labour inspectors will be important. The Government must ensure that children who are rescued are rehabilitated and reintegrated into society. We urge the Government to continue to work with the ILO, including under the ILO–IPEC and the EU–ILO Trade for Decent Work Project to effectively monitor and remove child labour in the supply chains and address the comments of the Committee of Experts.

The Government must take immediately all effective measures to prevent the engagement of children into trokosi servitude and to put an end to this practice as a matter of urgency. It is a matter of deep concern that the Government does not have information on the current state of the practice, including whether or not the practice has been eradicated or gone underground.

The Government has indicated that, in partnership with stakeholders, it has sensitized and educated traditional authorities on the abolition of the practice. The Government must provide a report on these activities, the response of the traditional authorities and any progress made, including information on the number of children under 18 years of age who are affected by the trokosi system in Ghana; and on how many have been removed from this system, rehabilitated and reintegrated.

The Government must make an unrelenting effort and focus on addressing the rising incidence of the worst forms of child labour in Ghana. We welcome the ongoing ILO assistance through the EU–ILO Trade for Decent Work Project, implemented as of 2021, and call on the Government to accept an ILO technical mission within the context of the current technical assistance provided by the ILO to help expedite its efforts to eliminate the worst forms of child labour without any delay.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted with serious concern the Government’s failure to make progress on eliminating the worst forms of child labour in the country and deplored its repeated failure to provide detailed information to the Committee of Experts.

The Committee deeply deplored the current situation where a high number of children continue to be involved in hazardous work in the cocoa and fishing industries and in domestic servitude. It further noted with grave concern information relating to the trafficking of children for labour and sexual exploitation, as well as the unacceptable conditions experienced by teenage girls trapped in the trokosi system. The Committee also expressed serious concern that protection from offences related to the production of pornography or pornographic performances only applied to children under the age of 16 in breach of the Convention.

Taking into account the discussion, the Committee urges the Government of Ghana, together with technical assistance, to take effective and time-bound measures to:

• eliminate the worst forms of child labour, notably in the cocoa industry, fishing sector and domestic services, and to ensure that child victims of such hazardous work are removed from these situations and rehabilitated, particularly through access to free education and vocational training;
• adopt the Ghana Hazardous Child Labour List and incorporate it into the Children’s Act without delay and provide a copy to the Committee of Experts once it has been adopted;
• effectively enforce the Human Trafficking Act and Human Trafficking Legislative Instrument, 2015 and provide information to the Committee of Experts before its next session on the progress made in this regard, including the number of investigations, prosecutions, convictions and penal sanctions applied since 2015;
• prevent children from becoming victims of trafficking and to remove child victims of trafficking from these situations, including through the National Plan of Action for the Elimination of Human Trafficking;
• protect children from the practice of trokosi as well as to withdraw child victims of such practices;
• provide for the rehabilitation and social integration of child victims of human trafficking and the trokosi system and to provide information on the measures taken in this regard and on the results achieved; and
• amend section 101A of the Criminal Offences Act, 1960 (Act 29), as amended, to ensure that all persons under the age of 18 are protected from offences related the production of pornography and pornographic performances in conformity with the Convention.

The Committee calls on the Government to accept an ILO Technical Advisory Mission, within the context of the current technical assistance provided by the ILO, to help expedite its efforts to eliminate the worst forms of child labour without delay.

Government representative – Ghana acknowledges the conclusions of the Committee in relation to its submission on the implementation of Convention No. 182, and thanks the Committee for taking action on the subject. We also have taken note of the concerns raised in the conclusions, as well as the five recommendations of the Committee to support Ghana in this case to eliminate child labour in all its forms.

Ghana has also noted with great concern the Committee’s non-acknowledgement of all the information concerning country interventions repeatedly mentioned in our submission. Notably among them are the robust legal framework, strengthened law enforcement, prosecution, time-bound programmes, opportunities offered to over 300,000 children who, hitherto, would not have had access to high-school education.

Ghana, however, wants to repeat its unfailing commitment in upholding respect for human rights, including the abolition of child labour in all its forms as presented in the previous mitigating intervention put before this august Committee. Ghana’s efforts were supported by a number of governments and other formidable partners. Ghana will continue to engage its tripartite constituents and partners on the Committee’s conclusions and recommendations, especially in relation with the legal reforms, notably the review of the Ghana Hazardous Child Labour List.

Ghana welcomes the Committee’s recommendation for an ILO technical advisory mission within the context of the current technical systems provided by the ILO to help expedite its efforts to end the worst forms of child labour.

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

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that the Human Trafficking Act of 2005 and the Labour Regulations of 2007 are administered by the Ministry of Women and Children’s Affair (MOWAC) and the Ministry of Employment and Social Welfare. It notes the Government’s indication that from 2008 to September 2010, the Anti-Human Trafficking Unit of the Police investigated 52 cases of human trafficking out of which seven cases were prosecuted and five convictions of not less than five years of imprisonment were secured. It also notes the Government’s indication that data regarding prosecution and convictions of trafficking involving children under 18 years is currently not available and therefore will be provided subsequently. The Committee requests the Government to continue providing information on the practical application of the Human Trafficking Act of 2005, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. Noting that the Government has not provided any information on this point, the Committee requests the Government to take the necessary measures to specifically prohibit the use, procuring or offering of a child for the production of pornography and for pornographic performances. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously observed that the national legislation does not contain provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs and had requested the Government to take the necessary measures to that end. The Committee notes the Government’s indication that the need for amendment of the laws governing child protection has been identified in the National Plan of Action for the Elimination of Child Labour. The Government further states that the necessary amendments with regard to this matter will be taken during such law reviews. The Committee expresses the firm hope that the legislative review as envisaged under the National Plan of Action for the Elimination of Child Labour which will include amendments with regard to prohibiting the use, procuring or offering of a child for illicit activities will be undertaken in the near future. It requests the Government to provide information on any progress made in this regard.

Article 4(3). Revision of the list of hazardous work. The Committee had previously noted that section 91(1) of the Children’s Act prohibits the engagement of children under 18 years in hazardous work and subsection (3) provides for a list of hazardous work prohibited to children. It had also noted the Government’s indication that it had envisaged reviewing and updating as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention. The Committee requests the Government to provide information on the revision of section 91 of the Children’s Act undertaken in order to update the list of hazardous types of work prohibited to children.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Programme for the Elimination of Worst Forms of Child Labour in the Cocoa Industry (NPECLC). The Committee notes that according to the Government’s report, the NPECLC which started in 2006 and which was being implemented as a component of the bigger framework of the National Plan of Action for the Elimination of the Worst Forms of Child Labour in Ghana by 2015, achieved the following results:

■      Survey on Labour Practices in Cocoa Production in Ghana conducted in 2007–08 resulted in the Ghana Certification Reports which were independently verified and accepted by the International Cocoa Verification Board.

■      Support to local government structures (such as Metropolitan, Municipal, Districts, assemblies) and Civil Society Organizations to undertake remedial activities were provided. These activities were started in 2008 in 122 communities in 11 out of 68 cocoa producing districts. This was scaled up to 36 more districts and 403 communities in 2009. About 1,300 children were supported in 2008 and 6,300 children in 2009 to attend basic school and skill training activities.

■      Extensive sensitization at all levels about child labour in the cocoa sector and its effects on the children were undertaken. The survey indicates an awareness rating of 76 per cent in this regard.

■      Establishment of a National Partners Forum to coordinate and harmonize efforts and interventions against child labour in the cocoa sector.

■      A pilot livelihood support scheme has been initiated to enhance the income of cocoa farmers.

The Committee requests the Government to continue providing information on the implementation of the NPECLC and the results achieved in terms of combating child labour in the cocoa industry.

Article 7(2). Effective and time-bound measures. The Committee notes the Government’s statement that from January 2010 ILO–IPEC is supporting a national programme in three selected worst forms of child labour namely, agriculture, mining and traditional fishing. The Committee requests the Government to provide information on the implementation of the programme supported by the ILO–IPEC and its impact in eliminating the worst forms of child labour in the agriculture, mining and traditional fishing.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Capitation Grant Scheme and School feeding programme. Following its previous comments, the Committee notes the Government’s information that it is taking active steps to improve the functioning of the educational system so as to ensure access to quality education for children. It also notes the Government’s information that it has introduced free transportation, books and school uniforms for children, provision of classrooms as well as allowances for teachers in deprived communities.

The Committee notes with interest that according to the National Report on the Development of Education in Ghana of September 2008, the Capitation Grant Scheme has contributed to a rise in school enrolment rates of an additional 616,439 pupils (295,114 boys and 321,325 girls) to that of the 2004–2005 enrolment rates. The National Report also indicated that the Ministry of Education is working on multi-sectoral proposals to scale up the school feeding programme to the national level in order to benefit both boys and girls at all levels of basic education. The Committee further notes the information provided in this National Report that within the Free Compulsory Basic Education Programme (FCUBE) and the framework of the Education Strategic Plan 2003–15 (ESP), the Ministry of Education and Sports aims to achieve the two priority targets of the Millennium Development Goals (MDGs), namely, that gender parity is achieved in enrolment in basic education by 2015, and that every child of school-going age completes a full cycle of primary education by 2015. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the educational system as well as to ensure that all children have access to free basic education. It requests the Government to provide statistical information on the number of children enrolled in basic education pursuant to the implementation of the Capitation Grant Scheme and the School Feeding Programme. It also requests the Government to provide information on the impact of the FCUBE programme and the ESP in achieving the educational targets outlined under the MDGs.

2. Trokosi system. Following its previous comments, the Committee notes the Government’s information that through collaboration with international development partners and local civil society organizations a total of 305 children below the age of 18 years were withdrawn from trokosi (ritual enslavement of girls wherein teenage girls are pledged to a period of service at a local shrine to atone for another family member’s sins) from 2001 to 2009. It also notes the Government’s indication that a number of kindergarten, primary, secondary and high schools have been established in communities including North Tongu, South Tongu and Ketu districts to provide basic formal education to released trokosis and their dependants. The Government report further indicates that in 2008–09 a total of 352 trokosis, including their dependants were enrolled at school. The Committee notes that according to a report researched and compiled by the Refugee Documentation Centre of Ireland on 26 February 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) the International Needs Ghana (ING) which implements the Ritual Servitude Trokosi project estimates that about 3,500 girls have so far been liberated from trokosi and 50 shrines have stopped accepting trokosi. However, this report further indicates that there are at least 23 shrines in the Volta Region and three in the Greater Accra Region which still accept trokosi. The Committee requests the Government to continue taking immediate and effective measures to prevent the engagement of children into this ritual servitude called trokosi and to put an end to this traditional practice as a matter of urgency, taking account of the special situation of girls. It requests the Government to indicate the measures taken in this regard and on the results achieved. It also requests the Government to continue providing information on the number of children under 18 years of age who are, in practice, removed from trokosi and rehabilitated.

3. Child trafficking. The Committee notes the Government’s information that the MOWAC through their technical agencies and a wide network of collaborating partners conducted extensive training on concepts of human trafficking and child labour to over 200 public officials and various law enforcement agencies such as the police, immigration services, customs excise and preventive services, the navy, the judiciary, ministries, and civil society organizations. It also notes the Government’s information that various sensitization and awareness-raising programmes were organized to sensitize parents of the effects associated with child trafficking. Moreover, the Government indicates that anti-child trafficking clubs are established at transit routes where some children are made peer leaders against child trafficking in their schools and communities. The Committee further notes the Government’s statement that the Department of Social Welfare which is the main governmental institution responsible for rehabilitating child victims of trafficking has three shelters in Madina, South La, and Amanfro. Victims rescued were provided with psychosocial counselling, medical assistance and material support. The Committee further notes the Government’s information that these institutions sheltered a total of 313 children (162 girls and 151 boys) from 2009–10. The Committee requests the Government to continue providing information on the number of children who have been withdrawn from trafficking and rehabilitated in the three shelters managed by the Department of Social Welfare.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that through the Livelihood Empowerment Against Poverty (LEAP) programme, the Government aims to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like orphans and vulnerable children (OVC). It also notes the Government’s indication that by the end of the first half of 2010, a total of 22,477 households were benefitting from the LEAP programme, including the 15,212 OVCs. It further notes the Government’s statement that the beneficiary households have to fulfil certain conditions such as sending and retaining children of school age to school, and ensuring that children of such households are not engaged in the worst forms of child labour. The Government report further states that a memorandum of understanding has been signed by the Ministry of Employment and Social Welfare and the Ghana AIDS Commission (GAC), so as to develop action plans and mechanisms for addressing HIV/AIDS-induced child labour within the framework of the National Plan of Action on Child labour. The Committee notes that according to the 2010 Progress Report submitted by Ghana to the United Nations General Assembly Special Session (UNGASS) Declaration of Commitment on HIV and AIDS, the estimates of 2008 and 2009 indicate that there are approximately 140,000 orphans of HIV/AIDS. The Committee also notes the information contained in this report that in Ghana, out of the 1.0 per cent of children aged 10–14 who had lost both parents and 10.5 per cent who had lost one or both parents, 67 per cent were attending school. The Committee requests the Government to continue its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education. It also requests the Government to continue providing information on the number of orphans and vulnerable children who benefitted from the LEAP programme. The Committee finally asks the Government to indicate the measures taken by the Ghana AIDS Commission to address the HIV/AIDS induced child labour within the framework of the National Plan of Action on Child Labour.

Clause (e). Taking account of the special situation of girls. Kayaye girls (girls given to aunties for fosterage who finally end up working in the street). Following its previous comments, the Committee notes the Government’s information that the Department of Social Welfare with the support of Community Business Organizations provide rehabilitation and reintegration facilities for child victims of Kayaye in the various districts and towns. Further, the Women Development Fund provides microcredit and income generating activities for the mothers of Kayeye child victims. The Committee requests the Government to continue its efforts to eliminate the cultural practice of Kayaye and to provide assistance for the rehabilitation and reintegration of former child victims. It also requests the Government to provide information on the number of child victims of Kayaye who have been rehabilitated and provided with assistance by the Department of Social Welfare and the Women Development Fund.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that from 1998 to 2010, 1808 people were rescued from human trafficking in Ghana. The victims comprised 1124 females and 614 males with 77.7 per cent of investigated cases involved children below 16 years. It also notes that Human Trafficking Monitoring Teams were set up within the Ghana Immigration service in order to promote anti-human trafficking activities at some endemic cross-border posts. It further notes from the Government’s report that during the inauguration of the Anti-Human Trafficking Desk of the Immigration Control Unit of Ghana Immigration Services, there were 39 intercepted cases of human trafficking involving Ghanaian, Togolese, Nigerian and Chinese nationals as perpetrators. The Government further states that as a result of heightened awareness among stakeholders, particularly the media and security personnel more trafficking cases are being apprehended. The Committee requests the Government to continue providing information on the nature, extend and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee had previously noted with interest the adoption of the Human Trafficking Act of 2005. The Committee notes the Government’s statement that it has enacted the Labour Regulations of 2007. The Committee notes with interest that according to section 21(2) of the Labour Regulations, an employer shall not employ a trafficked person or a victim of trafficking as defined by the Human Trafficking Act of 2005. Furthermore, section 26 makes it an offence to use or re-engage the services of a victim of trafficking. The Committee requests the Government to provide information on the application of the Human Trafficking Act of 2005 as well as the new Labour Regulations of 2007 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for trafficking children under 18 years of age for labour or commercial sexual exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. The Committee notes the Government’s reference to section 91(1) of the Children’s Act which prohibits the engagement of children below 18 years in hazardous work. According to section 91(2), a work is hazardous when it poses a danger to the health, safety or morals of a person, and further provides under subsection (3) a list of types of hazardous work which among others include, work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. The Committee notes the Government’s indication that it has envisaged to review and update as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention. The Committee hopes that as part of the revision of section 91 of the Children’s Act, measures will be taken expressly to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and that appropriate penalties will be adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously observed that the national legislation does not contain provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs and had requested the Government to take the necessary measures to that end. The Committee notes the absence of information on this point in the Government’s report. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee, therefore, once again requests the Government to take the necessary measures to prohibit in the national legislation, the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. “Combating trafficking in children for labour exploitation in West and Central Africa” (LUTRENA 2002–07). The Committee notes that, according to the report entitled “Good practices and lessons learnt in Ghana, February 2008” following the implementation of the ILO/IPEC/LUTRENA project on combating trafficking in children for labour exploitation in West and Central Africa 2002–07, the following results were achieved:

(i)      reduced child vulnerability to trafficking through school enrolment – 45 per cent of boys and 55 per cent of girls were enrolled in school by December 2007;

(ii)      an estimated 3,000 children (at least 45 per cent girls) in and out of school were reached with information on the need to attend school;

(iii)     600 parents were sensitized on the need to send their children to school;

(iv)     at least 900 child victims of trafficking or at risk children were enrolled at school;

(v)     570 parents of the beneficiary children were trained in various vocational skills;

(vi)     community surveillance teams were set up to monitor enrolment and retention of children in schools;

(vii)    school performance and learning environment were improved by providing learning and recreational materials to 1,500 girls and 1,000 boys; and

(viii)   2,500 children were retained in schools by providing them with school uniforms and books.

The Committee also notes that the next phase of this project, entitled “Subregional project on Combating Trafficking in Children for labour exploitation in West Africa” has started in May 2008 and will continue until December 2009. The Committee requests the Government to provide information on the implementation of the “Subregional project on Combating Trafficking in Children for labour exploitation in West Africa” 2008–09 and the results achieved.

2. National Plan of Action to Combat Human Trafficking. The Committee notes the Government’s information that the Ministry of Women and Children’s Affairs (MWCA) has drafted a National Plan of Action to Combat Human Trafficking entitled “Trafficking in Persons Must End”. The overall aim of this national plan of action is to outline a consolidated and coordinated programme of action to combat human trafficking in Ghana, and covers the following areas: research and data collection; information and awareness raising; legal framework and policy development; training; prevention; law enforcement; rescue, rehabilitation and reintegration; institutional arrangement and international cooperation; and monitoring and evaluation. The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Human Trafficking entitled “Trafficking in Person Must End” and the results achieved.

3. National programme for the elimination of worst forms of child labour in the cocoa industry. The Committee notes the Government’s statement that the National Programme for the elimination of the worst forms of child labour in the cocoa industry, which started in 2006, aims to eliminate the worst forms of child labour in the cocoa subsector by 2011 and to eliminate the worst forms of child labour in other sectors of the economy by 2015. This programme would cover 67 cocoa growing districts which is equivalent to 43 administrative districts of the country. The Committee requests the Government to provide information on the implementation of the national programme for the elimination of the worst forms of child labour in the cocoa industry, and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Ghana national Time-bound Programme. The Committee had previously noted that the Government with the support of ILO/IPEC launched the Ghana national Time‑bound Programme (TBP) 2005–09 for the elimination of the worst forms of child labour. The Committee notes the Government’s information that this TBP has so far withdrawn a total of 4,441 children from the selected worst forms of child labour; prevented 6,915 children from entering into the worst forms of child labour; enrolled 7,223 children at risk to formal schools and vocational training institutions, and provided economic assistance to 1,547 families having children who are at risk of entering the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Capitation grant scheme and school feeding programme. The Committee notes the Government’s information that the School Feeding Programme (SFP) initiated by the Government seeks to provide each primary school child with a decent, nutritious and well-balanced meal on each school attendance day. It also notes the Government’s information that it had been implementing this programme in 975 schools and a total of 540,000 pupils in primary schools have been benefitting from this programme. The Committee further notes the Government’s information that SFP has resulted in an increase in school enrolment of 20 per cent and that school attendance has increased to 85 per cent. The Government further states that this programme aims to reach two million primary school children by 2010. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/GHA/CO/2, 17 March 2006, paragraphs 59 and 60) while acknowledging the remarkable improvement in the field of education, through the introduction of free and compulsory schooling, the capitation grant scheme and the school feeding programme, expressed concern at the persisting 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 strongly encourages the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children, irrespective of their gender or regional disparities, have access to quality education.

2. Trokosi system. Following its previous comments, the Committee notes the Government’s information that the Ritual Servitude Trokosi project by International Needs (Ghana) in the Akatsi District of the Volta region has withdrawn 676 children (284 boys and 392 girls). It also notes the Government’s statement that the project entitled “Children in Tourism in Cape Coast and Elmina in the Central Region” has withdrawn 346 children (189 males and 157 females) from the worst forms of child labour. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/GHA/CO/2, 17 March 2006, paragraphs 55 and 56) expressed concern at the persistence of the harmful traditional practices such as Trokosi, and recommended the State party to introduce sensitization programmes for practitioners and general public to change and prohibit the traditional and harmful practices and also to empower young girls through quality education which enhances life skills. The Committee requests the Government to redouble its efforts to prevent the engagement of children into this ritual servitude called Trokosi and to indicate the results achieved. It further requests the Government to continue providing statistical information on the number of children under 18 years who are, in practice, removed from Trokosi and rehabilitated.

3. Child trafficking. Following its previous comments, the Committee notes the Government’s statement that in order to prevent and eliminate child trafficking, the MWCA has embarked on public awareness campaigns and sensitization programmes on the Children’s Act of 1998 and the Human Trafficking Act of 2005 to the media and public, in particular the fishing communities and coastal areas where trafficking of children is rampant. It also notes that the MWCA has set up a microcredit scheme to provide financial assistance to the parents of vulnerable children to undertake economic activities and thereby to prevent them from allowing their children to be trafficked. Moreover, a Human Trafficking Secretariat and a Human Trafficking Management Board (HTMB) has been established pursuant to the provisions of the Human Trafficking Act of 2005. According to the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), dated 24 September 2008, the HTMB is entrusted with the following mandate:

–      to make recommendations for a national plan of action against human trafficking;

–      to monitor and report on the progress of the national plan of action;

–        to advise the Minister of the MWCA on policy matters;

–      to provide assistance for the investigation and prosecution of trafficking cases;

–      to propose and promote strategies to prevent and combat trafficking in persons;

–      to liaise with the Government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking; and

–      to conduct research on international and regional developments and standards on trafficking in persons.

The Committee notes the Government’s information that, since 2006, 642 children trafficked to work in the fishing communities along the Volta Lake have been rescued. The Committee requests the Government to provide information on the implementation of the measures taken by the Ministry of Women and Children’s Affairs to remove child victims from trafficking, and the results achieved. It also requests the Government to provide information on the measures taken for their rehabilitation and reintegration.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s indication that the Department of Social Welfare, under the Ministry of Manpower, Youth and Employment, has taken measures to register HIV/AIDS orphans under the national health insurance scheme. It notes the Government’s statement that through the Livelihood Empowerment and Assistance Programme (LEAP), monetary assistance and subventions are being provided to the children’s homes, orphanages and other caretakers of the orphans for the upkeep and education of the orphans. The Committee further notes the Government’s statement that the LEAP programme, which was piloted in 21 districts, has now been extended to 50 districts across the country. The Committee notes, however, that according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in July 2008, over 160,000 children aged below 17 years are HIV/AIDS orphans in Ghana. The report further indicates that only 2 per cent of the orphans are attending school, and 1.04 per cent of children affected by HIV/AIDS are provided with assistance. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular, by increasing their access to education. It also requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (e). Taking account of the special situation of girls. 1. Kayaye girls; girl child labour in commercial sexual exploitation; and girl child in domestic labour. The Committee notes the Government’s information that the ILO/IPEC project on the prevention of Kayaye in the northern region implemented by the Regional Advisory Information and Network Systems (RAINS) resulted in the withdrawal of 416 children (411 girls and five boys). It also notes that the project on Child Domestic Servitude in the Kumasi Metropolis of the Ashanti region, implemented by the Youth Development Foundation, withdrew a total of 386 children (292 girls and 94 boys) from domestic servitude. The Committee further notes the Government’s indication that about 40 per cent of the children withdrawn were integrated with both the parents, 27.3 per cent with mothers alone, 5.2 per cent with fathers alone, and 16.9 per cent were integrated with their foster parents. The Committee requests the Government to continue its efforts to eliminate the cultural practice of Kayaye and child domestic servitude and to provide assistance for the rehabilitation and reintegration of former child victims. It also requests the Government to continue providing information on the number of children withdrawn and rehabilitated.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted the Government’s indication that the high levels of poverty and unemployment, lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are the major difficulties encountered with respect to the practical application of the Convention. The Committee notes the Government’s information that it has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase the capacities of these departments. It also notes the Government’s indication that these two departments are currently undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO/ARLAC (African Regional Labour Administration Centre) to enhance their capacities aimed at providing effective labour inspection.

Article 8. International cooperation and assistance. Multilateral Cooperation Agreement to Combat Trafficking. The Committee had previously noted that Ghana, along with 26 other countries, had signed a multilateral agreement and a joint plan of action to combat child trafficking in Abuja, Nigeria, on 7 July 2006. It had requested the Government to provide information on the measures adopted under this agreement to specifically deal with child trafficking and for the rehabilitation and reintegration of child victims of trafficking. The Committee notes the absence of information on this point. The Committee notes the Government’s information that a draft Bilateral Agreement of Cooperation to Combat Child Trafficking between Ghana and Gambia has been developed. The MWCA has envisaged to adopt the following measures under this agreement: to provide safe shelter, food and health care, counselling and schooling or vocational training for the victims of trafficking; and to provide financial assistance to the parents of the child victims of trafficking to undertake economic activities. The Committee once again requests the Government to provide information on the measures adopted under the multilateral agreement signed in Nigeria on 7 July 2006, to specifically deal with child trafficking and for the rehabilitation and reintegration of child victims of trafficking.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Department of Social Welfare registered 12 cases of trafficking on 2007, out of which five cases were investigated, four cases were prosecuted and only one convicted. It also notes the Government’s information that an Anti-Human Trafficking Unit has been established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This unit, which receives complaints on human trafficking, is entrusted to investigate, arrest and prosecute the offenders under the Human Trafficking Act of 2005. According to the statistics provided by the Anti-Human Trafficking Unit, nine cases of trafficking, involving a total of 75 victims, were registered in 2008. The Committee further notes the Government’s information that the major obstacle encountered in the investigation and prosecution of trafficking cases was lack of evidence to prosecute traffickers as witnesses are unwilling to testify due to traditional beliefs and practices that discourage witnesses and their families from coming forward to testify. The Committee requests the Government to indicate how many of the trafficking cases registered with the Department of Social Welfare and Anti-Human Trafficking Unit in 2008 involved children under 18. It further requests the Government to indicate the number of prosecutions, convictions and penalties applied in these cases.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child less than 18 years of age for the production of pornography or for pornographic performances. The Committee notes the Government’s information that, it considers the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances as one of the worst forms of child labour, and that the police service is taking active steps to enforce this clause. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State that ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had observed that, the national legislation contains no provisions which prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee had requested the Government to take the necessary measures to do so. The Committee notes the Government’s statement that, although there is no specific legislation applying this clause, the Children’s Act, 1998, touches on some aspects of the safety and welfare of children. The Committee notes that although the Children’s Act provides for the rights and welfare of the child, it does not seem to prohibit the use, procuring or offering of a child for illicit activities. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation, the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that ILO/IPEC, in collaboration with the Government of Ghana, is implementing projects to withdraw children working in hazardous work that poses a danger to their health, safety and morals. In particular, it noted the action programme to rescue 3,000 children from employment on farms at Tono in the Upper East region. The Committee notes the Government’s information that it has implemented the Ghana National Time-Bound Programme (GNTBP) which aims to eliminate the worst forms of child labour in commercial sexual exploitation, fishing, hazardous commercial agriculture, mining and quarrying, and porterage of heavy loads.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the Government has been implementing a national plan of action on child labour; a programme by the Minister of Women and Children’s Affairs against child labour and child trafficking entitled “Bring Your Child Back Home”; ILO/IPEC programmes giving special attention to children engaged in the worst forms of child labour; and the LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa). The Committee once again requests the Government to provide further information on the implementation of the above programmes and the results achieved.

Article 7, paragraph 2. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour; providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Capitation grant scheme and school feeding programme. The Committee notes the Government’s information that it adopted a capitation scheme policy, which seeks to make basic education free, and thereby increasing the school enrolment rate of children, particularly girls and promoting the Free, Compulsory, Universal Basic Education Programme (FCUBE). The Committee also notes that the Government is implementing a school feeding programme since 2005, which provides each child with a well-balanced diet once a day. This programme is expected to extend to the whole country. The Committee asks the Government to pursue its efforts to ensure free basic education for all children, in order to increase the school enrolment rate of children, particularly girls, and to provide information on the results achieved.

2. Trokosi system. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.73, paragraph 21) had expressed its concern about the persistence of traditional attitudes and harmful practices in Ghana, such as the Trokosi system (ritual enslavement of girls). The Committee had also noted section 314A of the Criminal Code (Amendment) Act (No. 554), which criminalizes any form of ritual or customary servitude or any form of forced labour related to a customary ritual. The Committee had previously referred to various projects (Ritual Servitude Trokosi Project in the Akatsi district of the Volta region) and the campaign programme (in collaboration with the Ministries of Women and Children’s Affairs, Manpower, Youth and Employment, IPEC (Ghana), the Commission on Human Rights and Administrative Justice, the Ghana Commission on Children and other NGOs) being implemented for the liberation of Trokosi victims and for their rehabilitation and reintegration (ILO/IPEC and International Needs (Ghana)). The Committee had requested the Government to provide information on the  implementation of these projects and programmes and the results achieved. The Committee notes the Government’s information that it is very committed and is taking all measures to ensure that the practice of the Trokosi system is eliminated completely. The Committee once again requests the Government to provide detailed information on the implementation of the above projects and programmes and the results achieved in terms of concrete measures taken for the liberation of Trokosi victims and for their rehabilitation and reintegration.

3. Child trafficking. The Committee notes the Government’s information that the Ministry of Women and Children’s Affairs established a monitoring mechanism to promote the welfare and development of women and children, and to coordinate and monitor the implementation processes of the Human Trafficking Law of 2005. The Committee notes that the Ministry organized a series of activities to disseminate the laws and also to build the capacity of stakeholders who have already been involved in the rescue, withdrawal, rehabilitation and reintegration of trafficked children as well as those who had been doing advocacy, sensitization and awareness creation on the issues of child trafficking. The Committee further notes the Government’s information that the Ministry is currently monitoring ritual servitude, child domestic servitude and child trafficking in 20 districts in Ghana including Cape Coast, Kumasi, Bolga, Ga West, Obuase, Kade, Jasikan Winneba and Tamale. The Committee takes due note of this information. The Committee requests the Government to indicate in which manner the monitoring mechanism established by the Ministry of Women and Children’s Affairs contributes to the prevention and elimination of child trafficking.

4. Ghana National Time-Bound Programme. The Committee notes the Government’s information that the GNTBP which aims to eliminate the worst forms of child labour in commercial sexual exploitation, fishing, hazardous commercial agriculture, mining and quarrying, and porterage of heavy loads targets the prevention, withdrawal and rehabilitation of at least 14,000 children from 200 communities. The Committee requests the Government to provide information on the impact of the GNTBP on removing children from the worst forms of child labour and providing for their rehabilitation and social integration. In particular, it requests the Government to indicate the number of children who have been effectively withdrawn from the sectors mentioned above and reintegrated into basic education courses or receiving pre-vocational or vocational training.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), in Ghana, over 95 per cent of the population are aware of the epidemic. It had also noted that a national HIV/AIDS strategic framework for Ghana had been formulated in recognition of the developmental relevance of the disease. The Committee had requested the Government to provide information on measures envisaged or taken to address the situation of child victims of HIV/AIDS. The Committee notes the absence of information on this point. Considering that the pandemic of HIV/AIDS has serious consequences for orphans who might more easily engage in the worst forms of child labour, the Committee once again asks the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Clause (e). Taking account of the special situation of girls. 1. Kayaye girls; girl child labour in commercial sexual exploitation; and girl child in domestic labour. The Committee had previously noted the project on the prevention of kayaye among fostered girls in the northern region of Ghana, and the projects implemented by ILO/IPEC: namely the Project on Child Domestic Servitude in the Kumasi Metropolis of the Ashanti region in collaboration with the Youth Development Foundation; the Project on the Prevention of Kayaye and Child Commercial Exploitation in Cape Coast and Elmina; and Prevention of Girl Child Migration to the South by RAINS-Tamale. The Committee requests the Government to provide detailed information on the implementation of these projects, and results achieved. The Committee also requests the Government to supply information on the number of children who have benefited under these projects.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. It had also noted the Government’s indication that the high levels of poverty and unemployment, lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are the major difficulties encountered with respect to the practical application of the Convention. The Committee had asked the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective. Noting the absence of information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to make the inspection services more effective.

Article 8. International cooperation and assistance. Multilateral Cooperation Agreement to Combat Trafficking. The Committee notes the Government’s information that, a multilateral agreement and a joint plan of action to combat child trafficking was signed in Abuja, Nigeria on 7 July 2006 by 26 countries from Western and Central African States. The Committee notes that this agreement will help foster collaboration among the countries, as well as identify, repatriate, rehabilitate, reintegrate, protect and institute a care and support mechanism for persons trafficked to and from countries within West and Central Africa. The Committee requests the Government to provide further information on the measures adopted under the above agreement to specifically deal with child trafficking and their rehabilitation and reintegration.

Parts V and VI of the report form. The Committee notes the Government’s information that a two-day social mobilization workshop for 30 journalists aimed at building their knowledge as well as creating awareness of and social mobilization skills on child labour was organized by the Ghana Journalists Association (GJA) and sponsored by the ILO in July 2006. The Committee also notes that the Government’s indication that it is seriously making efforts to address the problem of child labour and child trafficking in Phase II of the Ghana Poverty Reduction Strategy (GPRS), with a clear policy and specific strategies designed to control it.

The Committee notes the Government’s information that there are no statistics available on the number of reported contraventions, investigations, prosecutions and convictions relating to trafficking. The Committee notes that the Government has provided some statistics from the Ghana police service regarding cases reported to the domestic violence victim support unit. However, it is not clear from the Government report whether the statistics include children under the age of 18 years. The Committee once again requests the Government to provide 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 and convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by gender.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee had previously noted that there appears to be no legislation that specifically addresses the trafficking of children less than 18 years of age for labour or sexual exploitation in Ghana. It had requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour or sexual exploitation. The Committee notes the Government’s information that ILO/IPEC (Ghana) is collaborating with the Ministry of Justice in the elaboration of a child trafficking law. The Committee notes with interest that the Ghana Human Trafficking Act, 2005, was adopted by Parliament on 28 July 2005. Pursuant to section 1 of this Act, human trafficking means the recruitment, transportation, transfer, harbouring, trading or receipt of persons within and across national borders with the purposes of induced prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Section 2 prohibits human trafficking and provides for penalties of imprisonment. The Committee takes due note of this information.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.73, paragraph 21) had expressed its concern about the persistence of traditional attitudes and harmful practices in Ghana, such as the Trokosi system (ritual enslavement of girls). It had noted the adoption in 1998 of the Criminal Code (Amendment) Act (No. 554), which had inserted section 314A criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual. Referring to its previous comments made under Convention No. 29 on this point, the Committee had requested the Government to provide information on the practical application of section 314A of Act No. 554, including information on any legal proceedings, which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system. The Committee notes the Government’s indication that the Ministries of Women and Children’s Affairs, Manpower, Youth and Employment/IPEC (Ghana), the Commission on Human Rights and Administrative Justice and the Ghana Commission on Children, in collaboration with some NGOs, notably International Needs (Ghana), are embarking on an effective campaign programme aimed at sensitizing the perpetrators and victims of Trokosi. The overall aim of this campaign is to emancipate and rehabilitate Trokosi victims in areas of the country where this practice is prevalent. In particular, International Needs (Ghana) implements the Ritual Servitude "Trokosi" Project in the Akatsi district of Volta region. The Committee notes that International Needs (Ghana) through its Trokosi liberation campaign has so far liberated 3,000 Trokosi victims since 1996. It also notes that the aforementioned ministries, ILO/IPEC and International Needs (Ghana) are also rehabilitating and empowering Trokosi ex-slaves for their integration into society by providing them with vocational skills and income-generating activities. The Committee requests the Government to continue providing information on the implementation of the Trokosi campaign programme and on the results achieved. It also once again asks the Government to provide information on any legal proceedings, which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 108 of the Criminal Code punishes persons having the custody, charge or care of a child under the age of 16 years who cause or encourage the prostitution of that child. It had requested the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child under the age of 18 years for prostitution by persons having the custody, charge or care of such a child. The Committee notes the absence of information on this point. It reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of children for prostitution is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for prostitution by persons having the custody, charge or care of such a child.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child less than 18 years of age for the production of pornography or for pornographic performances. The Committee notes that the Government’s report contains no information in this regard. It reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that part I of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990, deals with offences related to narcotic drugs. However, it had observed that no provisions prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee had requested the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties. The Committee notes the Government’s information that measures are being taken by the Ministry of Tourism in collaboration with the Ghana NGO Coalition on the Rights of the Child to combat drug peddling by children in popular tourism sites: Cape Coast and Elmina through the action programme. It notes however that the Government’s report contains no information on legislative measures taken in this regard. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of children for illicit activities, in particular for the trafficking of drugs, is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the trafficking of drugs.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where the types of work determined as hazardous exist. The Committee notes the Government’s information that ILO/IPEC (Ghana) in collaboration with the Government of Ghana is implementing projects to withdraw children working in hazardous work which poses danger to their health, safety and moral development. In particular, it notes that the General Agricultural Workers Union of Trade Union Congress (GAWU), in collaboration with the Management of the Tono-based Irrigation Company of the Upper Region (ICCOUP) and ILO/IPEC (Ghana), recently launched on action programme to rescue 3,000 children from employment on farms at Tono in the Upper East region. The programme is aimed at withdrawing the children from the farms and also institute preventive measures to ensure that children would not be used as labourers on the Tono farms in future. For this purpose, the management of ICCOUP, the smallholders and GAWU would develop a Memorandum of Understanding that would spell out each parent’s role in the prevention of child labour on the farms. The Committee requests the Government to provide further information on the implementation of this action programme as well as results achieved.

Article 5. Monitoring mechanisms. The Committee had previously noted the establishment in 2000 of a child labour unit within the Labour Department and had requested the Government to provide information on the functioning of this unit. The Committee had also asked the Government to provide information on the methods adopted by the Ghana National Commission of Children and the National Steering Committee on Child Labour and other relevant ministries for the monitoring and effective implementation of the provisions giving effect to the Convention, including the provisions in the Criminal Code that are relevant to the worst forms of child labour. The Committee notes the Government’s information that supervisory and implementing bodies and agencies are: the Ministry of Manpower, Youth and Employment for Labour Matters; the Ministry of Women and Children’s Affairs; the Ghana National Commission on Children; district, metropolitan or municipal assemblies; the child labour unit within the Labour Department; the Commission on Human Rights and Administrative Justice; the Women and Juvenile Unit of the Ghana Police Service; and ILO/IPEC (Ghana). In particular, the ministries of Manpower, Youth and Employment and Women and Children’s Affairs, in collaboration with UNICEF and other development partners, are undertaking various activities towards the elimination of child trafficking, including community sensitization and awareness raising, rescue/withdrawal, rehabilitation, training and reintegration of children with families. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programmes. The Committee had previously noted with interest that the ILO/IPEC programmes give special attention to children engaged in the worst forms of child labour which include: street children, child domestic workers, head porters, children in prostitution, children working in small mines, and children working in hazardous situations or abusive conditions. The Committee had also noted that a national plan of action on child labour had been developed in November 2000 with the purpose of setting up a national policy on child labour and to guide all institutions working in this area. The Committee had requested the Government to provide information on details of the achievements and impact of the ILO/IPEC programmes and the national plan of action on child labour. The Committee notes the Government’s information that NGOs in partnership with ILO/IPEC have withdrawn 1,006 children from work, rehabilitated and mainstreamed them into formal schools or vocational training. Through the microcredit schemes, funds were disbursed to some families of these children to empower them.

The Committee also notes that Ghana is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes that a number of activities has taken place towards achieving the objectives of this programme, including: setting up a National Task Force on Human Trafficking; stakeholders’ meeting to adapt a plan of action; series of capacity-building workshops; awareness and sensitization campaigns; support for establishment and operation of rescue centres and shelters by the Department of Social Welfare; socio-economic rehabilitation of trafficked children and their families by the African Centre for Human Development. The Committee requests the Government to continue providing information on the implementation of this programme and results achieved.

2. Programme against child labour and child trafficking. The Committee had previously noted that the Minister of Women and Children’s Affairs had launched a programme against child labour and child trafficking entitled "Bring Your Child Back Home". It had requested the Government to provide information on the implementation of this programme and on the results achieved. The Committee notes the Government’s information that the Ministry of Women and Children’s Affairs in efforts to reduce child trafficking has so far provided 82 million cedis to women who have given out their children to engage in child labour in the fishing communities to encourage them to withdraw the children. The assistance package is made available to the women under the programme "Operation Bring Your Child Home" in which the Ministry is spearheading the return of children trafficked from coastal fishing communities around the Volta Lake. In particular, the programme aims at withdrawing trafficked children being used as divers who get entangled in nets during fishing expeditions. Under the programme, the Ministry has identified children who are separated from their families to bring them back home and has provided the relevant safety net packages to the parents of such children in order to support parents to keep their children home. The Committee requests the Government to indicate how many children have been withdrawn by this programme.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. The Committee notes the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation, including section 2 of the Human Trafficking Act, 2005.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that Ghana is participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour for a period of 52 months (September 2004-January 2009). A total of 14,000 children will be targeted by the TBP for withdrawal and prevention from exploitative and hazardous work through the provision of educational and non-educational services and 3,500 families of the targeted children will be provided with assistance for economic empowerment.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that, according to the Education Act of 1961, basic education is free and compulsory for all children of school age (between 6 and 15 years). It had also noted that according to the 2000 Ghana Population and Housing Census, cited in the Ghana Child Labour Survey Report, 2003, conducted in February 2001 with the technical assistance of the ILO, 57.5 per cent of males and 47.3 per cent of females had attended school and those who were in school constituted 30.6 per cent of the population (32.5 per cent males and 28.7 per cent females). The Committee had requested the Government to indicate the effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that a monitoring committee made up of representatives from the Ghana National Commission on Children, the Ghana Education Service and the Commission on Human Rights and Administrative Justice has been established. The Committee also notes the establishment of a girl child education unit at the Ministry of Education. The Committee asks the Government to provide information on the activities of the abovementioned monitoring committee, as well as the girl child education unit and their impact on preventing the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), in Ghana the awareness of the epidemic is thought to be over 95 per cent. It had also noted that a national HIV/AIDS strategic framework for Ghana had been formulated in recognition of the developmental relevance of the disease. The Committee had requested the Government to provide information on measures envisaged or taken to address the situation of child victims of HIV/AIDS. The Committee notes the absence of information on this point. Considering that the pandemic of HIV/AIDS has serious consequences for orphans who might more easily engage in the worst forms of child labour, the Committee once again asks the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Clause (e). Taking account of the special situation of girls. 1. Kayaye girls and girl child labour in commercial sexual exploitation. The Committee had previously noted the project on the prevention of kayayei among fostered girls in the northern region of Ghana. The project, started in February 2002, is aimed at putting the fostered girls in school and preventing them from becoming kayayei. The Committee had also noted that, according to a rapid assessment study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana" published by the ILO/IPEC in 2004, street girls who work as kayayes have been observed to practice prostitution by night to add to their earnings. It had further noted that as a means of survival in cities following migration, girls increasingly engage in commercial sex as an occupation. The Committee had requested the Government to indicate how many fostered girls have been withdrawn by the Kayaye project. It had also requested the Government to provide information on the effective and time-bound measures taken or envisaged to remove girls from commercial sexual exploitation and provide for their rehabilitation and social integration. The Committee notes the Government’s information that four pilot projects implemented by the ILO/IPEC, namely Ritual Servitude "Trokosi", Project on Child Domestic Servitude, Project on the Prevention of Kayaye and Child Commercial Sex Exploitation in Cape Coast and Elmina, took cognizance of the importance of access to free education and vocational training for children withdrawn from the worst forms of child labour. Recently, International Needs (Ghana) enrolled a total 795 children (385 boys and 410 girls) below the age of 12 who have been emancipated from Trokosi Shrines in Akatsi, North and South Tongu districts of the Volta region. The children were provided with school uniforms and had their school fees paid for the academic year. The Committee also notes that 82 mothers of the children were trained in vocational skills. It further notes that the Project on the Elimination of Child Labour in the Tourism Sector in Cape Coast and Elmina, aimed at withdrawing child prostitutes, has withdrawn a total 290 children, out of which 250 have been placed in either formal school or vocational training centres. The Committee requests the Government to continue to provide information on the implementation of these projects.

2. Girl child in domestic labour. The Committee had previously noted that according to the study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana", a total of 350 children, parents, guardians and employers were questioned in the Ashanti region and greater Accra region of Ghana, 250 of whom were girls between 13 and 18 years old. A large number of them migrated from their former place of residence to their present one. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure that girl domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals. The Committee notes the Government’s information that ILO/IPEC (Ghana), in collaboration with the Government and some NGOs, have established projects to withdraw children engaged in the worst forms of child labour, counsel and integrate them into formal and non-formal education, which include: Prevention of Girl Child Migration to the South by RAINS-Tamale and Project on Child Domestic Servitude in the Kumasi Metropolis of the Ashanti region by the Youth Development Foundation. The Committee requests the Government to provide further information on the implementation of these projects and on the results achieved, as well as on other time-bound measures taken to ensure that girl domestic workers under 18 years of age do not perform hazardous work.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. It had also noted the Government’s indication that the high levels of poverty and unemployment, lack of capacity building and logistic for labour inspection supervision, and non-enforcement of laws are the major difficulties encountered with respect to the practical application of the Convention. The Committee had asked the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective. Noting the absence of information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to make the inspection services more effective.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that Ghana has been receiving international assistance support from development partners including UNICEF, UNDP, African Development Bank and the World Bank for social and economic development, poverty reduction programmes and universal education. These have funded various projects related to the street children phenomenon, educational reforms programmes and also assisting the Government in its Ghana Poverty Reduction Strategy Programme/Social Investment Fund aimed at reducing poverty in the targeted areas by providing the beneficiary communities with social services and also strengthen their capacity deliveries.

Parts IV and V of the report form. The Committee once again requests the Government to provide 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, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes from the Government’s report that a Child Labour Unit within the Labour Department to facilitate action on the worst forms of child labour was established in 2000. It requests the Government to provide information on the functioning of the Child Labour Unit.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. As mentioned above, section 314 of the Criminal Code imposes penalties on persons who buy, sell or transfer any person for the purpose of placing such person in slavery or in servitude as a pledge or security for debt, or for exacting forced labour from such person. Clauses (d) and (e) of section 314 of the Code are relevant to transnational trafficking, in that they prohibit the bringing into Ghana and the sending out of Ghana of persons for the purpose of sale, enslavement or the placement in servitude as a pledge or security for debt. Clause (f) also prohibits the entering "into any contract or agreement with or without consideration for doing any of the acts or accomplishing any of the aforementioned purposes". However, the Committee observes that there appears to be no legislation that specifically addresses the trafficking of children less than 18 years of age for labour or sexual exploitation in Ghana. It notes the Government’s indication that the Criminal Code (Amendment) Act No. 554 of 1998 will be amended to include trafficking in human beings as an offence. It also notes from the information available at the Office that a Human Trafficking Bill is being drafted by the Attorney-General’s Office. The Committee requests the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour or sexual exploitation.

2. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 16(1) and (2) of the Constitution of 1992 provides for the prohibition of slavery, servitude and forced labour. It also notes that section 116(1) of the Labour Act, 2003, prohibits the use of forced labour. Moreover, the Committee notes that section 314 of the Criminal Code imposes penalties of imprisonment on persons who buy, sell or transfer any person for the purpose of placing such person in slavery or in servitude as a pledge or security for debt, or for exacting forced labour from such person.

In its concluding observations on the initial report of Ghana in June 1997 (CRC/C/15/Add.73, paragraph 21), the Committee on the Rights of the Child expressed its concern about the persistence of traditional attitudes and harmful practices, such as the Trokosi system (ritual enslavement of girls). In 1998, the Government adopted the Criminal Code (Amendment) Act (No. 554), which contains provisions criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual. In this respect, the Committee notes that by virtue of section 314A of Act No. 554, it is an offence for whoever: (a) sends to or receives at any place any person; or (b) participates in or is concerned in any ritual or customary activity in respect of any person with the purpose of subjecting that person to any form of ritual or customary servitude or any form of forced labour related to a customary ritual. Referring to its previous comments made under Convention No. 29 on this point, the Committee requests the Government to provide information on the practical application of section 314A of Act No. 554, including information on any legal proceedings, which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that in its initial report to the Committee on the Rights of the Child in December 1995 (CRC/C/3/Add.39, paragraph 36), the Government stated that the legal age for joining the armed forces is 18 years and there is no law on conscription. It also notes that according to the report of the Secretary-General (UN document E/CN.4/2000/55), there is no conscription in Ghana.

Clause (b). 1. Use, procuring or offering of a child for prostitution. According to section 107 of the Criminal Code, as amended by Act No. 554, it is an offence to procure any person under 21 years of age to become a prostitute in Ghana or elsewhere (subsection (1)(b)), to procure any person to leave Ghana with the intention that the person becomes an inmate of a brothel elsewhere (subsection (1)(c)), or to procure any person to leave his usual place of abode in Ghana with the intention that the person becomes an inmate of a brothel in Ghana or elsewhere for prostitution (subsection (1)(d)). Section 108 of the Criminal Code makes provision to punish any person having the custody, charge or care of a child under the age of 16 years, if he causes or encourages the prostitution or commission of indecent assault upon the child. The Committee observes that section 108 of the Criminal Code punishes persons having the custody, charge or care of a child under the age of 16 years when such persons cause or encourage the prostitution of a child. It requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child under the age of 18 years for prostitution by persons having the custody, charge or care of such a child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 280 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. Section 281 deals with further offences related to obscenity, such as the production, trading, distribution, exhibition, or import or export of any obscene writings, paintings, pictures, posters, photographs, films or any other obscene objects. The Committee observes that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child less than 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that Part I of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 deals with offences related to narcotic drugs. Under sections 1, 2 and 3 of the Act, it is an offence to export, import, produce, distribute and possess narcotic drugs without lawful authority. The Committee observes however that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). 1. Hazardous work. The Committee notes that according to article 28(2) of the Constitution of 1992, every child (a person below the age of 18 years - article 28(5)) has the right to be protected from engaging in work that constitutes a treat to his health, education or development. It also notes that section 12 of the Children’s Act, 1998, stipulates that no person shall engage a child in exploitative labour, and that section 1 of the Act defines a child as a person below the age of 18 years. According to section 87(2) of the Act, labour is exploitative if it deprives the child of his health, education or development. Moreover, the Committee notes that section 91(1) of the Act sets the minimum age for the engagement of a person in hazardous work at 18 years. By virtue of section 91(2) of the Act, work is hazardous when it poses a danger to the health, safety or morals of a person. Finally, section 58(1) of the Labour Act, 2003, prohibits the engagement of a young person in any type of employment or work likely to expose the person to physical or moral hazard.

2. Girl child in domestic labour. The Committee notes that according to the study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana", a total of 350 children, parents, guardians and employers were questioned in the Ashanti region and greater Accra region of Ghana, 250 of whom were children. All 250 child domestic workers that were questioned were female. The children interviewed were between 13 and 18 years old. A large number of children migrated from their former place of residence to their present one. About one-third (30 per cent) of the children interviewed left to work for money. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that girl domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 91(3) of the Children’s Act, 1998, provides a list of work that constitutes hazardous work which includes: (a) going to sea; (b) mining and quarrying; (c) porterage of heavy loads; (d) manufacturing industries where chemicals are produced or used; (e) work in places where machines are used; and (f) work in places such as bars, hotels, and places of entertainment where a person may be exposed to immoral behaviour. It also notes that section 88 of the Act prohibits persons from engaging a child in night work (between 8 p.m. and 6 a.m.). Moreover, section 58(3) of the Labour Act, 2003, prohibits the employment of a young person in any mine or underground work.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 5. Monitoring mechanisms. The Government indicates that the bodies monitoring and implementing the principle of abolition of child labour include the Ministry of Manpower Development and Employment, the Ministry of Women and Children Affairs, the Ghana National Commission of Children and District/Metropolitan or Municipal Assemblies. It also indicates that a National Steering Committee on Child Labour comprising representatives of employers, workers and civil society was established in 2000. The Committee asks the Government to provide more information on the methods adopted by the Ghana National Commission of Children and the National Steering Committee on Child Labour and the other relevant ministries for the monitoring and effective implementation of the provisions giving effect to the Convention, including the provisions in the Criminal Code that are relevant to the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programmes. The Committee notes with interest the information provided by the Government according to which the ILO/IPEC programmes give special attention to children engaged in the worst forms of child labour which includes: street children, child domestic workers, head porters, children in prostitution, children working in small mines, and children working in hazardous situations or abusive conditions. The Committee also notes that a National Plan of Action on child labour was developed in November 2000 with the purpose of setting up a national policy on child labour and to guide all institutions working in this area. The Committee requests the Government to provide information on details of the achievements and impact of the ILO/IPEC Programmes and the National Plan of Action on child labour.

2. Programme against child labour and child trafficking. According to the information available at the Office, the Minister of Women’s and Children’s Affairs has launched a programme against child labour and child trafficking entitled "Bring your child back home". This programme is linked to skills training and provision of microcredit for alternative economic activities for the family. The Committee requests the Government to provide information on the implementation of the programme against child labour and child trafficking and on the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that the national legislation provides for penalties in case of violations of various worst forms of child labour. Under section 314 of the Criminal Code, whoever buys, sells or transfers any person for the purpose of placing such person in slavery or in servitude as a pledge or security for debt, or for exacting forced labour from such person shall be guilty of second-degree felony. By virtue of section 314A of the Criminal Code (Amendment) Act No. 554, whoever subjects a person to any form of ritual or customary servitude or any form of forced labour related to a customary ritual commits an offence and shall be liable on conviction to imprisonment for a term not less than three years. According to section 116(2) of the Labour Act, 2003, any employer who contravenes the provisions on forced labour is liable to a fine not exceeding 250 penalty units. Under section 107 of the Criminal Code (Amendment) Act No. 554, whoever procures any person for prostitution shall be guilty of a misdemeanour. Moreover, by virtue of section 108 of the Criminal Code whoever having the custody, charge or care of a child under the age of 16 years causes or encourages the prostitution of such a child shall be guilty of a misdemeanour. According to section 296 of the Criminal Procedure Code, a person convicted of a misdemeanour shall be liable to imprisonment for a term not exceeding three years and a person convicted of second degree felony shall be liable to imprisonment for a term not exceeding ten years. The offences related to the export, import, production, distribution or possession of any narcotic drugs are punishable with imprisonment for a term not less than ten years (sections 1, 2 and 3 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990). According to section 94 of the Children’s Act, any person who contravenes the provisions related to the employment of children shall be liable to a fine not exceeding c10 million (US$117.82) or to imprisonment for a term not exceeding two years or to both. Finally, section 58(4) of the Labour Act, 2003, provides for a penalty of a fine not exceeding 100 penalty units. The Committee requests the Government to provide information on how penalties are applied in practice.

Paragraph 2. Time-bound measures. The Committee notes with interest that the Government signed a Memorandum of Understanding (MOU) with ILO/IPEC in March 2000, followed by the launching of the IPEC programme in Ghana. According to the Government’s report, some of the special measures undertaken in Ghana with the ILO/IPEC technical assistance include: the Trokosi project, the project on child domestic servitude, the project on the elimination of child labour in the tourism sector in Cape Coast and Elmina, and the project on the prevention of kayayei among fostered girls in the northern region of Ghana. The Committee asks the Government to continue to provide information on the achievements and impact of these projects with regard to children involved in the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the Education Act of 1961 made basic education free and compulsory for all children of school age. In the context of the 1987 Educational Reform Programme, basic education is defined as the first nine years of school, which is free and compulsory for all children aged between 6 and 15 years and which consists of six years’ primary and three years of junior secondary school. Apart from the Free Compulsory Basic Education Programme, the Government renovated infrastructural facilities in some schools and colleges. There has also been the promotion of gender equity in education. According to the 2000 Ghana Population and Housing Census, cited in the Ghana Child Labour Survey Report, 2003, conducted in February 2001 with the technical assistance of the ILO, 57.5 per cent of males and 47.3 per cent of females had attended school and those who were in school constituted 30.6 per cent of the population (32.5 per cent males and 28.7 per cent females). The gap between males and females has narrowed considerably compared to 1984 where 31.6 per cent of males and 23.7 per cent of females were in school. Moreover, the Ministry of Basic Secondary and Girl-Child Education and the Ministry of Women and Children Affairs were established by the Government in January 2001. The main objective of these two Ministries is to contribute to the development of Ghana by, inter alia, ensuring the survival, protection and development of women and children with the participation of women and children in the development process. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its report, the Government indicates that as a result of three of the projects mentioned above and started in August 2001, a total of 1,006 children have been withdrawn from work and mainstreamed into schools. First, the Trokosi IPEC project which focuses on children, rather than the women, has withdrawn 608 children from 25 shrines. Almost all the children have received non-formal education or mainstreamed into formal schools. Secondly, as a result of the project on child domestic servitude, 108 children have been withdrawn and they have all been placed in formal or non-formal education classes. Finally, the project on the elimination of child labour in the tourism sector in Cape Coast and Elmina has withdrawn a total of 290 children, out of which 250 have been placed in formal or non-formal education classes.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims of HIV/AIDS. The Committee notes that according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), in Ghana the awareness of the epidemic is thought to be over 95 per cent. It also notes that vertical transmission (from mother to child) accounts for 15 per cent. Moreover, it notes that a National HIV/AIDS Strategic Framework for Ghana has been formulated in recognition of the developmental relevance of the disease. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on measures envisaged or taken to address the situation of these children.

2. Child victims of trafficking. The Committee notes that the Ministry of Manpower Development and Employment and the Ministry of Women and Children Affairs have launched in March 2002, in collaboration with ILO-IPEC, a three-year child trafficking project, which aims at the elimination of child trafficking in the country. It also notes that in 2001, Ghana along with the Economic Community of West African States (ECOWAS) agreed to an action plan committing their countries to take steps in the next two years towards eliminating human trafficking. A study conducted by the Danish International Development Agency (DANIDA) on the problem of child trafficking in Ghana, and attached to the Government’s report, shows that children as young as 3 years old are trafficked to work as house-helps, restaurant (chop-bar) attendants, sellers, head porters as well as to work in mining, fishing, farming and for prostitution. The working environment and working conditions of children are horrible, dangerous and very risky. The study also indicates that though there is clear evidence that child trafficking takes place across the borders there is no official information or documentation as this has not been specifically assigned to the Ghana Immigration Service, Bureau of National Investigations (BNI), Customs and Preventive Services (CEPS) nor are there any police posts located at the frontiers. According to a report on the study commissioned by ILO-IPEC under a subregional project on child trafficking in Ghana: Combating the Trafficking in Children for Labour Exploitation in West and Central Africa, the nature and extent of child trafficking in Ghana is difficult to determine mainly because of the following reasons: (a) the nature of historical and traditional "child attachment" to "well-to-do" extended family members for apprenticeship and "good upbringing"; (b) kinship and sociological terminologies used such as "auntie", "uncle", etc. makes it difficult to distinguish between a child being sent into labour or with a true relative; and (c) the disregard for "child exchange" activities by law enforcement agencies and Ghanaian civil society.

The Committee expresses its serious concern about the problem of child trafficking in Ghana. It invites the Government to increase its efforts to improve the situation and to provide information on measures taken or envisaged to secure the prohibition and elimination of the trafficking of children under 18 in Ghana. The Committee also requests the Government to furnish further information on achievements, if any, by the project launched in March 2002 by the Ministry of Manpower Development and Employment and the Ministry of Women and Children Affairs in collaboration with ILO-IPEC for the elimination of child trafficking and the results attained by the action plan committing the countries of ECOWAS towards eliminating human trafficking.

Clause (e). Take account of the special situation of girls. 1. Kayaye girls. The Committee notes that the project on the prevention of kayayei among fostered girls in the northern region of Ghana is about a cultural practice in the northern sector whereby girls are given to aunties for fosterage. This system was traditionally meant to strengthen extended family bonding and aunties were supposed to love and care for their nieces as their own children. However, in the face of growing economic hardships, the tradition has been greatly abused and the fostered girls are now exploited. Because it is a taboo for a girl to return to her biological parents, most of them are forced to run away from home to the cities to find work. Consequently, they often fall victims to traffickers and end up mostly as kayayei in the cities or sometimes as domestic servants in the cities. Kayayei are girls who carry loads on their head. They sleep in open places in the market areas and are thus classified as street children. The project seeks to work closely with communities and with the fostering aunties to put the fostered girls in school and prevent them from becoming kayayei. The project started in February 2002 with the baseline study. The girls will go through counselling before entering non-formal or formal education whilst the fostering aunties will go through counselling and receive microcredits. Moreover, the Committee notes that, according to a rapid assessment study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana" published by the ILO/IPEC in 2004, street girls who work as kayayes have been observed to practice prostitution by night to add to their earnings. Noting the above information, the Committee requests the Government to indicate how many fostered girls have been withdrawn by the aforementioned project.

2. Girl child labour in commercial sexual exploitation. The Committee notes that, according to the study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana", child prostitution is a growing problem in Ghana. It is common for you girls to trade sex for gifts or money, as well as engaging in sex to help meet financial obligations. As a means of survival in cities following migration, girls increasingly engage in commercial sex as an occupation. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to remove girls from commercial sexual exploitation and provide for their rehabilitation and social integration.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. In effect, the Committee observes that sections 95 and 96 of the Children’s Act, 1998, provide enforcement administrative structures for both the formal and informal sectors, respectively. With regard to the enforcement of the provisions in the formal sector, section 95 empowers a district labour officer to carry out any inquiry he may consider necessary for the strict observation of the provisions related to the employment of children. In case of non-compliance with the provisions of the Act, the labour officer shall report it to the police who shall investigate the matter and take appropriate steps to prosecute the offender. In the informal sector, the Social Services Subcommittee of a District Assembly and the Labour Department shall be responsible for the enforcement of the provisions of the Act related to the employment of children (section 96). Any infringement of the rights of the child shall be reported to the police for further investigation and prosecution of the offender. Where the offender is a family member of the child whose rights are being infringed, the Social Services Department shall request a probation officer to prepare a social inquiry report on the matter. For the purposes of labour inspection, section 48 of the Labour Decree, 1967, defines the functions of a labour officer who can at all reasonable times enter, inspect and examine any building or premises where workers are housed or employed, and at all reasonable times require an employer to produce any worker employed by him or to produce any document relating to the employment of the worker.

The Government indicates in its report that the high level of poverty, high level of unemployment, lack of capacity building and logistic for labour inspection supervision, and non-enforcement of laws are the four major difficulties encountered with respect to the practical application of the Convention. It also indicates that ILO has sponsored a tripartite workshop on the integration of the labour inspection system. In this regard, the Committee would refer to its comments already made in 2002 under the Labour Inspection Convention, 1947 (No. 81), in which it pointed out the inadequate financial and logistic resources of the labour inspectorate. The Committee asks the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective. It also asks the Government to provide extracts of inspection reports and to specify the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. Finally, the Committee requests the Government to provide information on the body responsible for monitoring the implementation of the Criminal Code.

Article 8. International cooperation and/or assistance. The Committee notes that Ghana is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that the Government has received assistance from UNICEF, UNDP, UNESCO, the World Bank and the African Development Bank (ADB) for its various projects including the child labour projects, employment-generation programmes and the educational reform programmes. The Committee asks the Government to provide information on the results achieved by these various projects and programmes.

The Committee notes that in collaboration with UNDP and ADB, the Government has set up a Social Investment Fund (SIF) to complement the activities of the National Poverty Reduction Programme which aims at improving the living standards of the poor in the society, and also includes employment-generation programmes. Currently, the Government is implementing a new national development strategy - the Ghana Poverty Reduction Programme, which aims at instituting a broad-based consensus building among Government, civil society, the private sector, social partners and development partners on key issues and programmes for accelerated and sustainable poverty reduction. The Committee also notes that the Government has launched a National Emergency Relief Programme financed by the Highly Indebted Poor Countries - HIPC Relief, which aims at poverty reduction by providing financial assistance to the self-employed in the informal sector to enhance income-generating activities and to combat child labour. The Committee asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that the courts of law or other tribunals have not yet given decisions involving questions of principle relating to the application of the Convention. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V. The Committee notes with interest that a National Child Labour Survey was conducted in Ghana in February 2001, with the support of IPEC/SIMPOC, and that the report was published in March 2003. According to the Ghana Child Labour Survey, an estimated number of 1,031,220 children under 13 years of age were engaged in economic activity. An estimated number of 242,074 children between 13-17 years were so engaged in areas considered to be hazardous to children’s health and morals such as mining and quarrying, hotels and restaurants and fishing. The Survey also provides the following summary statistics of children aged 5-17 years: estimated population of children: 6,361,111 (35.5 per cent of national population); working children (seven  days before interview): 1,984,108 (31.2 per cent of children); children in child labour: 1,273,294 (20 per cent of children); and children in child labour as percentage of working children (64.2 per cent). Moreover, the Committee notes that according to the UNICEF Situation Analysis of Children Report 2000, about 800,000 children are engaged in various forms of child labour in Ghana. While noting the above information, the Committee notes that the statistics and data are not specifically related to the worst forms of child labour. It therefore requests the Government to provide 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, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.