Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. The Committee notes that, according to the information available to the Office, sections 329, 330 and 337 of the Penal Code prohibit the sale and trafficking and prostitution of children.

Clause (d). Hazardous types of work. 1. General prohibition. The Committee notes that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of hazardous types of work. The Committee notes the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee however notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee draws its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminds the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes 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 notes that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further notes the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

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 consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee notes 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. However, it notes that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7, paragraph 1. Penal sanctions. The Committee notes that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(2)(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

2. Measures adopted in the context of the child labour monitoring programme. The Committee notes the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it notes with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government adds that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes 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, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observes that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

2. Begging. The Committee notes that, according to information available to the Office, Muslim families are reported to 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 requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes 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 notes with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has 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 is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

2. Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in its next report 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 infringements reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.