Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (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.