Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Guinea (Ratificación : 2003)

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Observación

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Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. The Committee noted previously the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it had established a Child Labour Monitoring and Surveillance System, composed of a National Coordination Unit in the National Directorate of Employment, a prefectural coordination unit and village and prefectural committees.

The Committee notes the Government’s indication that the coordination units are structures established within the framework of the “ILO–IPEC West and Central Africa Cocoa and Commercial Agriculture Project to combat hazardous and exploitative child labour” (WACAP), which has terminated, and as a private project for the elimination of child labour in commercial agriculture, particularly in cocoa, coffee and mahogany plantations. These structures, therefore, fulfilled the function of monitoring child labour in plantations in four target areas in the Boké region. However, the Government indicates that, in view of the lack of resources of the Ministry of Labour, the system is not operational. While noting that the Child Labour Monitoring and Surveillance System is not operational, the Committee requests the Government to provide with its next report extracts from labour inspection reports relating to the worst forms of child labour.

2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention are confined to the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral acts in relation to children. The Committee previously requested the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of Articles 3(a) to (c) of the Convention.

The Committee notes the Government’s indications that the Office for the Protection of Gender, Childhood and Morality (OPROGEM), a support unit to the Cabinet, has been entrusted with preparing, planning and following up all the activities, programmes and other legal measures adopted by the national police force to protect vulnerable categories of the population and morality. The responsibilities of OPROGEM include collecting, exchanging and disseminating data on the protection of childhood, women and morality, and on the identity of those responsible for such violations and their accomplices; surveying the entry and departure of children from the national territory; and promoting an international cooperation mechanism for the protection of the rights of children and women and of morality. The Committee once again requests the Government to provide information on the functions of the anti-drug brigades and the vice squads in enforcing the application of Article 3(a) to (c) of the Convention. It also requests the Government to provide information on the activities undertaken by OPROGEM in relation to children engaged in the worst forms of child labour, and the results achieved.

Article 6. Programmes of action. National Plan of Action to combat trafficking in persons. The Committee noted previously that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. It, however, noted that in 2004 the Government adopted a National Plan of Action to combat trafficking in persons.

The Committee notes the Government’s indications that, within the framework of this Plan of Action, a unit was created by Order No. 4472/MASPFE/CAB of 14 September 2005 to monitor and evaluate child protection and development activities. Moreover, a National Committee to Combat Trafficking in Persons, and particularly women and children, has been established, as well as a Child Labour Monitoring and Surveillance System under the Ministry of Labour and the Public Service, and that local child protection committees have been created. The Government indicates that a National Plan of Action to combat trafficking in persons has been adopted for the period 2009–11, which has been extended until 2013. This Plan of Action is operational and includes strategies to combat trafficking in persons, based on prevention, protection, prosecution, coordination and cooperation. The Committee requests the Government to provide information on the effect given to the National Plan of Action to combat trafficking in persons between 2009 and 2013, and on its impact on the elimination of trafficking in children under 18 years of age for their economic or sexual exploitation.

Article 7(2)(a). Preventing the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. The Committee notes that, according to the report of 18 April 2012 submitted by Guinea to the Committee on the Rights of the Child under Article 44 of the Convention on the Rights of the Child (CRC) (CRC/C/GIN/2, paragraphs 416–465), the gross primary school enrolment rate rose from 70 per cent to 78 per cent between 2001 02 and 2005–06. According to the same report, these results were achieved as a result of the combined efforts of the Government, grass roots communities, the private sector and development partners. Government education policy is based on six key components: extending basic education; improving access to education at every level; boosting non-formal education; improving the quality and effectiveness of teaching; institution-building; and revitalizing basic services.

The Committee, however, notes the Government’s indication, once again in its report of 18 April 2012 to the CRC (CRC/C/GIN/2, paragraph 419), that the education system is short of capacity and that the distribution of classrooms and school-age children is not adequate. The Government also reports several other challenges which reduce the quality of education and make access more difficult, such as bad health conditions in schools, the inadequacy of infrastructure and training, the low quality of teaching and the persistence of certain socio-cultural stereotypes and obstacles which are slowing down universal school enrolment, particularly for girls. This is corroborated by the results set out in the report on the National Survey on Child Labour and Trafficking (ENTE), which indicates that, despite the progress made, significant disparities persist at the geographical level, that the problem of universal primary education in Guinea relates as much to pupil retention as access, and that the internal effectiveness of the education system is low and improvements are slow to have an impact.

The Committee also observes that, according to the report of Guinea of 18 April 2012 to the CRC (CRC/C/GIN/2, paragraph 445), the gross enrolment rate in junior high school was much lower, namely 42.6 per cent in 2005–06 (23.1 per cent for girls), indicating that a large number of children leave school after the primary level. In this respect, the report on the ENTE indicates that the proportion of economically active children increases with age. Accordingly, those who only work or combine working and studying account for 36.1 per cent of children between the ages of 6 and 11 years, 55.6 per cent of children between 12 and 15 and 61.2 per cent of children between 16 and 17 years. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the operation of the education system in the country. In this respect, it requests it to take measures to raise the school attendance rate, particularly at the secondary level, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the measures adopted and the results achieved, particularly by continuing to provide statistics on school enrolment rates.

2. Children at risk of trafficking. The Committee notes that the report on the ENTE of 2010 provides detailed information on the phenomenon of children between the ages of 5 and 17 years who are at risk of becoming victims of internal trafficking in Guinea, that is of being procured, requisitioned, transferred or transported, provided with accommodation or accepted for the purposes of economic exploitation, namely being engaged in types of work that are to be abolished. According to the ENTE, 44,068 children are in a situation of risk of being victims of trafficking in Guinea. Trafficking concerns girls more than boys, as over six out of ten children (62.2 per cent) in a situation of risk are girls. That may be explained by the fact that girls are more likely to be engaged in domestic work, street vending and other types of work for which children are used. The highest proportion of children at risk of being victims of trafficking (59.4 per cent) are in rural areas, as rural activities, which are essentially agriculture and stock raising, are increasingly based on child labour. The Committee requests the Government to provide information on the specific time bound measures taken to prevent children under 18 years of age from becoming victims of trafficking for economic purposes in Guinea. It requests the Government to provide information on the results achieved in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Child labour in cocoa plantations. The Committee noted previously that Guinea was participating in the ILO/IPEC WACAP project, in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated.

The Committee notes with interest that, in the context of the WACAP project, 700 children have been enrolled in school and 1,000 others protected against work in commercial agriculture. In the context of the programmes of action implemented by the WACAP project, the awareness was raised of 1,365 children, of whom 246 (76 girls) benefited from re-enrolment in school and 65 were registered in training workshops.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. The Committee noted previously 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 May 2006, over 28,000 children are HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of the epidemic on orphans is the greater risk of being engaged in the worst forms of child labour.

The Committee notes the Government’s indications that it is making enormous efforts to reduce the incidence of the HIV/AIDS epidemic, including the establishment of a committee to combat HIV/AIDS and the implementation of a road map to accelerate the achievement of the Millennium Development Goals in relation to combating HIV/AIDS. With regard to the protection of HIV/AIDS orphans, the Committee notes that sections 265–267 of the Children’s Code of 2008 address the protection of orphans and vulnerable children (OVCs) and provides that such children shall benefit from State support. This support may take such forms as direct action for OVCs with a view to improving their living conditions and the strengthening of institutional capacities through the improvement of the intervention capacities of NGOs, institutions and communities. However, the Committee notes that, according to UNAIDS estimates, there were 59,000 HIV/AIDS orphans in Guinea in 2009. Recalling that HIV/AIDS orphans run a greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this respect and the results achieved.

2. Begging. The Committee noted previously that families entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging.

The Committee notes the Government’s indication that efforts have been made to eradicate the practice of child begging. For this purpose, sections 401 and 402 of the Children’s Code of 2008 provides that inciting or compelling a child to engage in begging shall be punished by a sentence of imprisonment of between three months and one year and a fine of between 50,000 and 200,000 Guinea Francs (GNF). The Committee requests the Government to provide information on the number of children who have been removed from begging following the prosecution of marabouts under sections 401 and 402 of the Children’s Code. It once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

3. Children living or working in the streets. The Committee notes that, according to the report of 18 April 2012 submitted by Guinea to the CRC (CRC/C/GIN/2, paragraphs 555–559), a large number of children live or work on the streets which is a relatively new phenomenon in Guinea. According to the report, it is particularly during school holidays that the presence of huge numbers of children on the streets of major towns, and particularly the capital Conakry, is most evident. Many of them are school children who sell goods illegally for traders who pay them piece rates so that they can buy their school kit for the new school year. The other category consists of children used by their parents, who often have disabilities, to beg on the streets. These latter children are increasingly exploited. They are not in school and do not receive proper treatment if they fall sick. However, no specific study has yet measured the extent of this phenomenon. Nevertheless, there are some NGOs which provide support to child beggars whose parents have disabilities. The Committee expresses concern at the phenomenon of children living and working in the streets, who appear to be increasing in numbers in Guinea. Considering that children who live in the streets are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour, and the results achieved.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted previously that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted that the Government signed, on 27 July 2005, the Multilateral Cooperation Agreement to combat the trafficking of children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that on 16 June 2005 the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government had signed the new Multilateral Regional Cooperation Agreement to combat the trafficking of persons, and particularly women and children, in West and Central Africa.

The Committee notes the Government’s indications that the departments responsible for childhood, women and security regularly exchange information on trafficking in persons with Interpol and their counterparts in Liberia, Senegal, Mali and Sierra Leone. The Government adds that it is planned to sign bilateral agreements with Senegal, Sierra Leone, Liberia and Guinea-Bissau on trafficking in persons, and particularly women and children. Finally, the Government reports that, in the context of this regional cooperation, six victims of trafficking were repatriated from Guinea to Senegal in 2011. The Committee is of the view that, in order to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the sub-regional level. It therefore requests the Government to continue providing information on the measures adopted in the context of the agreements referred to above for collaboration with other signatory countries with a view to eliminating and prohibiting the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation, and the results achieved.

2. Poverty reduction. The Committee notes the Government’s indication that Guinea is currently at the second stage of the formulation of a Poverty Reduction Strategy Paper (PRSP), within the context of which emphasis is placed on improving access to basic infrastructure. The Government indicates that the PRSP will be instrumental in achieving the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the PRSP for the prohibition and elimination of the worst forms of child labour, and to provide information on the outcomes achieved.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the detailed statistics provided in the report on the ENTE of 2010 relating to child labour, their education and trafficking. According to the results of the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (or 93.2 per cent of economically active children) are engaged in types of work that are to be abolished, that is in work likely to harm their school attendance, health or development. Work that is to be abolished is performed by almost all (93.2 per cent) of economically active children and, of these children, 78.3 per cent are engaged in hazardous types of work. In this respect, all children engaged in the mining/extraction industry (46,072 children), construction (15,169 children) and transport (6,816 children) perform hazardous types of work. The manufacturing industry (31,575 children) is the second branch of activity in which the proportion of children engaged in hazardous types of work is the highest (93 per cent), and 77.1 per cent of economically active children in the fields of agriculture and fishing (1,091,603 children), or 842,141 children, are engaged in hazardous types of work. Furthermore, according to the ENTE, 36 per cent of the children engaged in types of work to be abolished in 2010 suffered injury or illness related to their economic activity and the proportion of injured children rises from 33.8 per cent among those aged 5–11 years to 36.2 per cent among those aged 12–15 years and 43 per cent among the 16–17 year olds. The report on the ENTE also observes that child labour is an essentially rural phenomenon, as over one child in two (50.5 per cent) in this area indicated that they had been engaged in an economic activity during the reference period, compared with one in four (27 per cent) in urban areas.

The Committee expresses concern at the high number of children under 18 years of age engaged in the worst forms of child labour, and particularly in hazardous types of work. It urges the Government to take immediate measures to protect these children against the worst forms of child labour. It also requests it to continue providing statistics and other information on the nature, extent 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 the infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. In so far as possible, all of this information should be disaggregated by age and gender.