Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (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.