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

Repetition

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, even though section 147 of the Code of Audiovisual, Cinematographic and Written Communication provides that public or private cinema production enterprises must take particular care to ensure the protection of children and young persons, no provision prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that, in the context of the current revision of the Code of Audiovisual, Cinematographic and Written Communication, it is planned to prohibit and repress the phenomenon of child pornography. The Committee urges the Government to take immediate measures to ensure that the Code of Audiovisual, Cinematographic and Written Communication is revised in the very near future so as to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and requests it to provide information in its next report on the progress achieved in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the Government’s indication that, under section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in illicit work, which is considered to be one of the worst forms of child labour. Nevertheless, the Committee observed that section 177 refers to the prohibition of work which, by its nature or the circumstances in which it is performed, is likely to jeopardize the health, safety or morals of children, but that it does not refer explicitly to the use, procuring or offering of a child for illicit activities.

The Committee notes the Government’s indication that sections 278bis and 278bis(4) of the Penal Code, as amended by Ordination No. 4/2001 of 14 August 2001, read together with section 20 of Act No. 9/2004 of 21 September 2004 on measures to prevent and combat trafficking in children in the Republic of Gabon, envisage the suppression of any act involving the exploitation of children for labour. The Committee however observes that this provision relates specifically to the trafficking of children for exploitation and, once again, do not explicitly prohibit the use, procuring or offering of a child for illicit activities. The Committee once again urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in the national legislation. It requests the Government to provide information in its next report on the progress achieved in this respect.

Article 4(1) and (3). Hazardous types of work and the determination and revision of such types of work. The Committee previously noted with interest that section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, provides that children under 18 years of age may not be employed in work considered as the worst forms of child labour, and particularly in work which, by its nature or the circumstances in which it is performed, is likely to harm their health, safety or morals. It noted that, under this provision, the list of types of work and categories of enterprise prohibited for young persons, and also the age limit to which the prohibition applies, shall be determined by decree issued by the Council of Ministers after consultation with employers’ and workers’ organizations. The Committee, however, noted the Government’s indication that the list of hazardous types of work determined by Decree No. 275 of 5 November 1962 is still in force. It also noted that no consultations had taken place with employers’ and workers’ organizations for the revision of the list. It reminded the Government that, under the terms of Article 4(3) of the Convention, the list of hazardous types of work thus determined must be periodically examined and revised as necessary, in consultation with the employers’ and workers’ organizations concerned.

The Committee notes the Government’s indication that Decree No. 275 of 5 November 1962 remains in force, but that the revision of the list of hazardous types of work is currently being undertaken. The Committee requests the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is revised, in accordance with Article 4(3) of the Convention, in the very near future. It requests the Government to provide a copy of the list of hazardous types of work, once it has been duly revised.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free, basic education. In its previous comments, the Committee observed that, according to the information contained in the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), despite the improvements noted in recent years in terms of the net school enrolment rate and gender parity in primary education, progress is undermined by the high drop-out rates and a high percentage of children repeating classes. In addition, according to UNICEF statistics for 2003–08, the secondary school attendance rate (12–18 years) remains low (about 35 per cent) in comparison with primary education.

The Committee notes the Government’s indication that a subregional training workshop on technical methods to combat school drop-outs was held in Libreville from 26 to 28 April 2011, following which the Government abolished the system excluding children from school in a situation of multiple failure, in the case where these children have exceeded the age limit, and reorienting them towards vocational training centres. The Government adds that, in the context of its new education policy, it has adopted Act No. 21/2011 of 14 February 2012 issuing the general policy for education, training and research. Section 2 of the Act provides that schools shall be free and compulsory from 6 to 16 years of age. Taking due note of the efforts made by the Government, and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. The Committee requests the Government to provide information on the results achieved in terms of statistics on school enrolment, class repetition and drop-out rates.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the information contained in the 2008 Factsheet on HIV and AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there were approximately 18,000 child HIV/AIDS orphans in Gabon. According to the Factsheet, measures have been taken for orphans and vulnerable children (OVCs), including the provision of support in kind, such as food and school supplies. In addition, a new National Strategic Plan on HIV (2008–12) was being drawn up.

The Committee notes the absence of information on this subject in the Government’s report. However, it notes that, according to UNAIDS statistics, the number of child HIV/AIDS orphans in Gabon in 2008 is still estimated at 18,000. The Committee also notes that, according to the national follow-up report on the HIV/AIDS Declaration of Commitment (UNGASS 2010) for Gabon, the implementation of the National Strategic Plan on HIV (2008–12) is not satisfactory. Expressing concern at the number of child HIV/AIDS orphans in Gabon, and recalling that these children are at greater risk of being engaged in the worst forms of child labour, the Committee firmly encourages the Government to intensify its efforts to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It once again requests the Government to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–12) and the results achieved.

2. Street children. In its previous comments, the Committee noted the Government’s indication that it was conducting a study on street children in the context of the new national policy to combat child labour. According to the Government, the results of the study would make it possible to identify these children and to guide them towards vocational training centres.

The Committee notes the Government’s indication that a study on the causes and extent of the phenomenon of street children has been conducted. According to the findings of the study, the number of street children has been estimated at 1,000 on the national territory. The phenomenon is evident in the major urban centres. Street children are visible around markets, restaurants, crossroads, bus stations, bus and taxi stops, car parks and public dumps. The phenomenon of street children is due to several causes; one of the main causes appears to be family break ups. Street children often come into conflict with the law because they are in a situation in which they have to cater for their own needs, and they are often brought into police stations (65 per cent). The Government indicates that the joint efforts of the Ministry of the Family and Social Affairs and the Ministry of Human Rights have resulted in the introduction in the central prison of a vocational training unit and a multimedia room to enable children who are not attending school and who are in conflict with the law to be reintegrated into society. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to remove children from the streets and ensure their rehabilitation and social integration, and to provide information on the results achieved. In this respect, the Committee requests the Government to provide information on the number of street children who are in conflict with the law who have been reintegrated into society following the vocational training provided in the central prison.

3. Domestic workers. In its previous comments, the Committee noted the Government’s indication that the situation of children engaged as domestic workers remains a cause for concern, as these children perform their work in private houses and are therefore hidden from view. Nevertheless, the Government’s report indicated that the action taken to prohibit the worst forms of child labour limits the number of cases of abuse.

The Committee notes the Government’s indication that children working in the domestic sector originate from trans-border trafficking for exploitation and that visits by labour inspectors do not detect them. Considering that children engaged as domestic workers are particularly exposed to the worst forms of child labour, the Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, including hazardous work, ensure their access to education, and to provide information on the specific measures adopted in this respect, taking into account the special situation of girls. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.