Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Libéria (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that, in January 2013, Liberia convicted for the first time a Pakistani national accused of human trafficking, who was sentenced to one year’s imprisonment. The Government report further indicated two instances wherein the persons arrested for offences related to the trafficking of children escaped prior to prosecution. The Committee notes from the Government’s written replies of 5 September 2012 to the Committee on the Rights of the Child (CRC) that a comprehensive situation analysis of human trafficking, conducted by the Ministry of Labour and the Anti-trafficking Task Force in 2010, indicated that human trafficking is prevalent in Liberia, both within and across the borders, for different purposes including for labour exploitation (CRC/C/LBR/Q/2-4/Add.1, paragraph 67). The Committee requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 18 of the Penal Code provides for penalties for offences related to operating a prostitution business; inducing, procuring or purposely causing another to remain a prostitute or to engage in sexual activity; or to facilitate or promote prostitution.

The Committee notes that, according to section 21.1 of the Children’s Law of 2011, every child shall be protected from sexual abuse and exploitation including prostitution and pornography. The Committee also notes that, as per the amendments made to section 16.4 of the Penal Code, a person commits a first-degree felony (defined in section 50.5 of the Penal Code as an offence for which a sentence of imprisonment for a maximum of ten years shall be imposed) if he/she violates a child’s welfare by causing or inducing the seduction, prostitution or abduction of a child.

2. Pornography. Following its previous comments, the Committee notes with interest that, as per the amendments made to the Penal Law, a new section on subjecting or involving a child to pornography has been adopted under section 18.14. According to this section, any person who subjects any child to pornographic material or involves any child in the making of such material shall be guilty of a third-degree felony (imprisonment for a maximum of three years). Section 18.15 further stipulates that any person exposing or inciting a child to engage or indulge in any cinematic, photographic or motion picture of a pornographic nature shall be guilty of a felony. Finally, any person who keeps or distributes any content of indecent images or depicting any form of illegal sexual activity of a child shall be guilty of a felony.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes with interest that, as per the amendments made to Chapter 16 of the Penal Law, any person who sells or sends a child to procure any narcotic or intoxicating drugs or employs a child in the sale of narcotics and intoxicating drugs shall be guilty of a misdemeanour of the first degree (imprisonment for not more than one year).

Clause (d). Hazardous work. Following its previous comments, the Committee notes with interest that, according to section 20 of the Children’s Law, every child shall have the right to be protected from work and other practices that may threaten their health, education, spiritual, physical and moral development. Section 4 of Chapter VI of the Children’s Law further states that no person or society shall subject a child to any harmful practices, including giving over a child to work in indecent or hazardous conditions. The Committee further notes that, according to section 9 of Chapter VII of the Children’s Law, no person shall employ a child in work that is inappropriate for the child’s age or that may be hazardous to the child’s health, educational, emotional or physical development. This prohibition applies to all work undertaken by children, regardless of whether the work is under a contractual relationship and regardless of whether the work is for payment or reward.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that, in determining the types of work considered as hazardous, consideration will be given to the types of work enumerated in Paragraph 3 of Recommendation No. 190.

The Committee notes that, according to section 9.2 of Chapter VII of the Children’s Law, the Ministry of Labour shall issue regulations to specify terms and conditions applicable to specific categories of work, including, as appropriate, the establishment of minimum working ages for different categories of work. The Committee requests the Government to indicate whether any regulations determining the types of hazardous work prohibited to children under the age of 18 years have been adopted pursuant to section 9.1 of Chapter VII of the Children’s Law.

Article 5. Monitoring mechanisms. 1. National Commission on Child Labour (NCCL). Following its previous comments, the Committee notes the Government’s information that the NCCL has conducted training for child labour monitors and carried out awareness-raising programmes on child labour throughout Liberia. The Government further indicates that ILO–IPEC has provided training, both locally and internationally, for the staff of the NCCL to build their capacity on child labour issues. However, the Government states that there has not been sufficient budgetary support and therefore the NCCL finds it difficult to implement its mandate. The Committee also notes that, in its concluding observations of December 2012, the CRC expressed its concern at the prevalence and level of child labour, including hazardous work in almost all sectors of the economy. It further expressed its concern at the weak implementation of labour-related laws and at the ineffectiveness of the NCCL which is in charge of enforcing labour laws and policies (CRC/C/LBR/CO/2-4, paragraph 77). The Committee therefore urges the Government to strengthen its efforts to address the lack of capacity of the NCCL, including through the allocation of additional resources and the provision of training to its staff, in order to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the measures taken in this regard.

2. National Child Rights Observatory Group (NACROG). The Committee notes from the Government’s written replies to the CRC that the NACROG, which has been functioning to conduct monitoring and observation on abuse and violence against children, dealt with 39 cases of child trafficking from 2010 to 2012 (paragraph 118). The Committee requests the Government to continue providing information on the number of cases of child trafficking that have been reported by the NACROG, as well as on the investigations, prosecutions, convictions and sanctions applied relating to this worst form of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan on trafficking. The Committee notes, from the Government’s combined second, third and fourth periodic reports of 2011 to the CRC (2011 periodic reports to the CRC), that the National Plan on trafficking is being implemented by the National Anti-trafficking Task Force, which is an inter-ministerial team established under section 1 of the Act to Ban Trafficking in Persons, 2005. The plan has spelt out roles for the seven government institution members of the task force and other key agents and non-governmental organizations to counter human trafficking as well as to rehabilitate and reintegrate those who are rescued or repatriated (CRC/C/LBR/2-4, paragraphs 346 and 347). The Committee further notes, from the Government’s written replies to the CRC of September 2012, that the National Anti-trafficking Task Force has conducted training over the past two years for parents in 12 villages to serve as watchdogs for rural communities, especially in the south-eastern region, and conducted workshops and awareness-raising programmes on the danger of human trafficking and strategies involved in its prevention (CRC/C/LBR/Q/2-4/Add.1, paragraph 68). The Committee requests the Government to provide information on the impact of the measures taken by the National Anti-trafficking Task Force within the framework of the National Plan on Trafficking on combating the trafficking of children under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information contained in its written replies to the CRC that the Education Reform Act was adopted in 2011, which governs and regulates the education system and which ensures the provision of quality education to all children, promotes equal access to educational opportunities, and decentralizes the education system. The Government further indicates that an Education Sector Policy (ESP) has been developed through which three rural teacher training institutions were rehabilitated and furnished. The Committee also notes the Government’s information that the Ministry of Education has started partnering with the Liberia Education Trust (LET), a local NGO, to encourage more girls to enrol and remain in school. The Government further indicates that, in the past few years, a total of 193 primary schools, three secondary schools and two tertiary schools have been constructed and 20 secondary schools have been renovated and extended (CRC/C/LBR/Q/2-4/Add.1, paragraphs 53 and 54). The Committee notes the statement made by the Government delegate during the 61st Session of the CRC on 19 December 2012 that there has been a marked increase in the school enrolment rate of girls, following the rebuilding of schools and the school-meals initiatives developed by the World Food Programme. The delegate also stated that, with the help of UNICEF, the Ministry of Education has launched school-building and renovation campaigns in remote areas. Further, the boarding school system had been re-established for adolescent girls who would benefit from all the necessary services, including health counselling. Moreover, a social cash transfer programme has been launched in two of the poorest counties in order to help families meet their children’s needs and send them to school.

The Committee notes, however, from the Government’s written replies to the CRC that a study conducted on out-of-school children in 2011 by the Ministry of Education, with the help of UNICEF, revealed that 68 per cent of children in Liberia were not attending school, and that a total of 15,708 children between the ages of 12 and 18 years had dropped out, of which 7,888 were girls. In more than two-thirds (67.6 per cent) of the households interviewed, girls had dropped out of school because they were pregnant. The Committee notes that, according to the UNESCO Institute for Statistics, in 2011 the net enrolment rates in primary education was 41 per cent (42 per cent boys and 40 per cent girls), while 66 per cent of children completed primary education. While noting the various measures taken by the Government to improve access to education, the Committee expresses its concern at the low rates of enrolment as well as high drop-out rates at the primary and secondary levels. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, especially girls, by increasing the school enrolment rates at the primary and secondary levels and by decreasing their drop-out rates. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Ivorian refugee children. The Committee notes from the UNICEF Situation Report of July 2013 that, according to the United Nations High Commissioner for Refugees (UNHCR), as of 1 July 2013, there are 58,484 Ivorian refugees in Liberia, of which 18 per cent are children aged 0–4 years, 25 per cent are children aged 5–11 years and 11 per cent are children aged 12–17 years. The UNICEF report of 2013 entitled “Humanitarian Action for Children–Liberia” states that many refugee women and children are often exposed to sexual exploitation. The Committee also notes that UNICEF is working closely with the Minister of Education and with Save the Children to increase the school enrolment and attendance of Liberian and Ivorian children living in host communities. The Committee requests the Government to continue taking measures to protect Ivorian children from the worst forms of child labour and to provide information on the results achieved.

2. Children working on rubber plantations. Following its previous comments, the Committee notes the Government’s information that the United States Department of Labor has initiated a project to reduce child labour in the rubber sector which is in operation in three counties, namely Margibi, Nimba and Grand Bassa. The Committee also notes the Government’s indication that collective bargaining agreements signed in recent years have expressly prohibited child labour, especially on rubber plantations. The Government’s report further indicated that the National Commission on Child Labour has carried out awareness-raising and training programmes for child labour monitors in major rubber plantations in Liberia. The Committee notes, however, the Government’s statement contained in its periodic reports to the CRC of 2011 that the commonest forms of economic exploitation of children are found in rubber tapping and trading. An assessment conducted by the NACROG in 2005 indicated that 40 per cent of children of school-going age on four plantations in four counties had dropped out of school, while 23 per cent had never attended any school. The Committee expresses its concern at the situation of children working on rubber estates. The Committee therefore requests the Government to take effective and time-bound measures to protect children working on rubber plantations, including in hazardous work, and to provide information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that a study to assess the magnitude of the child labour situation in Liberia was conducted in April 2013. The Committee requests the Government to provide information on the findings of the study conducted in May 2013, with regard to the number of children involved in the worst forms of child labour in Liberia.