Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ghana (Ratification: 2000)

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 and practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Human Trafficking Act of 2005 and the Labour Regulations of 2007, which are administered by the Ministry of Women and Children’s Affairs (MOWAC) and the Ministry of Employment and Social Welfare.

The Committee notes that, according to the Government’s report, an anti-human trafficking unit has been established to receive complaints from the public regarding human trafficking under the Human Rights Trafficking Act. It further notes that the National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labour in Ghana (2009–15) has identified child trafficking among its nine priorities. In this respect, the Committee notes that the NPA aims to initiate the formulation and enactment of the necessary subsidiary legislation to facilitate and guide the full implementation of the Human Trafficking Act (Issue 1.1.4.1) and aims to strengthen the capacity of law enforcement concerning the legal provisions relating to the trafficking of child-bonded labour and other slavery-like practices (Issue 1.2.1).

The Committee takes due note of the Government’s continued efforts to combat the sale and trafficking of children. It notes, however, that according to the Government’s reply to the Committee on the Elimination of Discrimination against Women (CEDAW/C/GHA/Q/6-7/Add.1, paragraphs 60–61) in 2014, trafficking in children remains prevalent both domestically as well as internationally (that is, to Nigeria, Cote d’Ivoire, Burkina Faso, Gambia, South Africa, Israel, Syria, Lebanon, Russia, France, the United Kingdom, Germany and the United States). The Committee requests the Government to provide updated information concerning the development of subsidiary legislation under the Human Trafficking Act of 2005 and any measures taken or envisaged to strengthen the capacity of law enforcement to enforce the Act within the framework of the NPA. The Committee further requests the Government to provide information on the practical application of the Act, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the trafficking of children under 18 years.

Article 3. Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances or for illicit activities. The Committee recalls its previous comments, which noted that the national legislation does not contain provisions concerning offences related to pornography or pornographic performances by a child under 18 (Article 3(b)) or which prohibit the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs (Article 3(c)). The Committee notes with regret that the Government’s report provides no concrete information in this respect, although it makes reference to an institutional action plan under the Ministry of Employment and Labour Relations. The Committee further notes the Government’s information that it provided under its report concerning the Abolition of Forced Labour Convention, 1957 (No. 105), according to which the Criminal Code has been amended under the Criminal Code (Amendment) Act, 2001 (Act 602). The Committee requests the Government to indicate whether its legislative amendments specifically prohibit the use, procuring or offering of a child for the production of pornography, for pornographic performances and for illicit activities. If they do not, the Committee urges the Government to take the necessary measures to implement clauses (b) and (c) of the Convention without further delay.

Articles 3 and 6. Worst forms of child labour. National Plan of Action (NPA). The Committee recalls that, in its previous comments, it noted the Government’s efforts to implement, with ILO–IPEC assistance, coordinated efforts to combat the worst forms of child labour in the country. Those efforts included, among others, a National Programme for the Elimination of Worst Forms of Child Labour in the Cocoa Industry (NPECLC), as well as broader national initiatives concerning trafficking in children, child labour in illicit activities, as well as initiatives to strengthen its educational system.

The Committee notes with regret the limited information supplied in the Government’s report. More concretely, the Committee notes that although the Government makes reference to a National Plan of Action to combat human trafficking, it has provided no information concerning steps taken or envisaged in that respect, nor does it provide any information concerning the broader initiatives described above. Nevertheless, the Committee notes the information provided by the Government under its first report on the Minimum Age Convention, 1973 (No. 138), which makes reference to the NPA for the Elimination of the Worst Forms of Child Labour in Ghana (2009–15). The Committee notes that this NPA, which is carried out with ILO–IPEC assistance, makes reference to the Convention and prioritizes preventative strategies to reduce the worst forms of child labour by 2015. According to the NPA, the Ministry of Employment and Social Welfare (MESW), through its Child Labour Unit (CLU) of the Labour Department, is the responsible administration. The Committee notes that the NPA targets, among other issues, the following: (i) a programme of sensitization on laws relating to the trafficking of children (Issue 1.2.1); (ii) strengthening the coordination among administrations to implement children’s rights (Issue 2.1.3); (iii) enhancing access to universal education, included in rural communities (Issue 3.1.1); and (iv) the continuous extension of the Capitation Grant to all public basic schools (Issue 3.1.2). Noting the absence of concrete information on this point, the Committee requests the Government to provide information on the programmes of action established in the context of the NPA for the Elimination of the Worst Forms of Child Labour in Ghana (2009–15) and the results achieved in terms of the elimination of the worst forms of child labour. Furthermore, noting that the NPA will expire in 2015, the Committee requests the Government to provide detailed information concerning any steps taken or envisaged to establish a successive national plan of action.

Article 4(3). Establishment of the list of hazardous types of work. The Committee previously noted the Government’s indication that it envisaged reviewing and updating as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention.

The Committee notes with interest the Government’s report, which indicates that a new list of hazardous work has been finalized in the cocoa sector within the framework of the NPECLC.

However, the Committee also notes that the Government’s report provides no information concerning its efforts to review and update section 91 of the Children’s Act concerning the list of hazardous work for all other sectors. Nevertheless, it notes that the NPA (Issue 1.1.2) identifies the need to expand the list of hazardous activities under the Children’s Act to clearly identify hazardous tasks or activities. It further notes that the ECOWAS Peer Review of Child Labour Elimination Activities in Ghana, which was carried out in April 2014 with ILO technical assistance, describes the Hazardous Child Labour Activity Framework that was elaborated in 2012 and was anticipated to be disseminated in 2014. The Committee further notes that, according to the Government’s first report submitted under Convention No. 138, the National Steering Committee of the CLU has validated a hazardous list under the Hazardous Child Labour Activity Framework, entitled the Ghana Hazardous Child Labour List (GHAHCL), although the Government indicates that it has not yet become national law. The Committee accordingly requests the Government to submit copies of the final hazardous work list within the framework of the NPECLC, as well as the finalized GHAHCL, and to provide updated information concerning the transposition of these final texts into law.

Article 7(2)(d). Identifying and reaching out to children at special risk. HIV/AIDS. In its previous comments, the Committee noted the Government’s information that through the Livelihood Empowerment Against Poverty (LEAP) programme, the Government aims to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like orphans and vulnerable children (OVC).

The Committee notes with regret that the Government’s report provides no new information on this issue. The Committee nevertheless notes the information provided by the Government in its first report under Convention No. 138, which indicates that the LEAP programme had been expanded to cover 71,456 households in 100 districts in December 2012. In addition, according to the 2013 Ghana country report, carried out by the Food and Agriculture Organization, transfers under the LEAP programme contributed marginally to increased economic exchanges in local communities and the conditionality attached to OVC household transfers had a positive effect on OVC school attendance. Nevertheless, support was urgently needed through more continuous training, time protection and resources for monitoring and support activities. The Committee further notes that, under the NPA (Issue 5), the Ministry of Employment and Social Welfare aims to ensure that effective mechanisms are put in place under the LEAP programme to prioritize deprived households in the worst forms of child labour endemic areas, including through linkages to complementary programmes. Considering the grave circumstances with which HIV/AIDS-affected children are faced, including the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education, within the framework of the LEAP programme.