Country profile GNQ
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | N/A | C182 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117187,103117:NO"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | In its Direct Request adopted in 2021 on C182, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | N/A | C182 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117187,103117:NO"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | In its Direct Request adopted in 2021 on C182, the Committee notes that, under the terms of Section 452bis(b)(1) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, anyone who promotes or facilitates the prostitution of a person under 23 years of age shall be liable to a sentence of lesser imprisonment. The Committee requests the Government to provide information on the effect given in practice to Sections 452bis(b)(1) and 452bis(c) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, in relation to cases in which the victims are under 18 years of age, including information on the number of violations detected, the persons convicted, and the penalties imposed. The Committee noted the absence of provisions in the national legislation prohibiting the use, procuring, or offering of children for the production of pornography or for pornographic performances, and it requested the Government to provide information on the measures adopted to prohibit and punish this practice. In view of the absence of information on the adoption of national legislation in this respect, the Committee urges the Government to take the necessary measures to prohibit and punish the use, procuring, or offering of children for the production of pornography or for pornographic performances. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | No information | C182 | No information | [{"link_name":"N/A","source_link":"No information"}] | No | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | No information |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2004 | C182 | Act No. 1/2004 on the illicit trafficking of persons and migrants - Section 10(c) | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117187,103117:NO"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | In its Direct Request adopted in 2021 on C182, the Committee noted Act No. 1/2004 on the illicit trafficking of persons and migrants, Section 3 of which criminalises the trafficking of persons for sexual and labour exploitation, and establishes penalties of imprisonment (from 10 to 15 years of lesser imprisonment – reclusión menor) for the perpetrators. It noted that, under Section 10(c) of the Act, committing the crime of trafficking in persons in respect of persons under 18 years of age is an aggravating factor which adds five more years of imprisonment in addition to the main penalty. |
| List of hazardous activities prohibited for children | No information | C138 & C182 | No information | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In its CEACR Direct Request adopted in 2021 on C138, the Committee asks the Government to indicate the legislative provisions which ensure the prohibition of employment of minors in petrol exploitation (Article 3(1) and (3)). The Committee also requests the Government to refer to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which in determining the types of employment or work to which Article 3 of this Convention applies, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including ionising radiations), the lifting of heavy weights and underground work. It further asks the Government to state whether a tripartite consultation was held before deciding that petrol exploitation was the only dangerous work in the country. |
| Minimum age for hazardous work | 2012 | C138 & C182 | Act No. 10/2012 on the reform of the General Labour Code - Section 11(1 | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to CEACR Direct Request adopted in 2021 on C138, Act No. 10/2012 on the reform of the General Labour Code, section 11(1) which fixed the minimum age for admission to any type of employment at 18 years. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"}] | 13 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to CEACR Direct Request adopted in 2021 on C138, the Committee noted the Government’s indication that the minimum age for admission to training was 13 years, and it asked the Government to provide information on the measures taken to raise this age to 14 years to be in conformity with Article 6 of the Convention. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2007 | C138 | Act No. 5/2007 amending Act No. 14/1995 reforming the Decree-Law on general education | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to CEACR Direct Request adopted in 2021 on C138, the Committee notes that Act No. 5/2007 amending Act No. 14/1995 reforming the Decree-Law on general education in Equatorial Guinea provides, in Section 3, that education shall be compulsory for all citizens of Equatorial Guinea until the end of primary school and that foreign residents shall also have the right to primary education. Under section 16.2 of Act No. 5/2007, the primary level shall comprise 6 years of study, normally followed between 6 and 12 years of age, which is below the minimum age for admission to work set to 14 years. |
| Light work - Determination of types and conditions of activities | 2012 | C138 | Act No. 10/2012 on the reform of the General Labour Code | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In its CEACR Direct Request adopted in 2021 on C138, the Committee requests the Government to take the necessary steps to adopt a list of types of light work permitted under section 11 of Act No. 10/2012 on the reform of the General Labour Code, and also to indicate the number of hours during which and the conditions in which such work may be performed. |
| Minimum age for light work | 2012 | C138 | Act No. 10/2012 on the reform of the General Labour Code - Section 11(2) | [{"link_name":"Act No. 10/2012 on the reform of the General Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/102921/063_ley-10-de-2012%20GUINEA%20ECUATORIAL.pdf"}] | 16 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to Section 11(2) of Act No. 10/2012 on the reform of the General Labour Code, persons who have reached the age of 16 years may carry out light work. |
| Minimum age for admission to work | 2012 | C138 | Act No. 10/2012 on the reform of the General Labour Code | [{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116008,103117"},{"link_name":"-Act No. 10/2012 on the reform of the General Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/102921/063_ley-10-de-2012%20GUINEA%20ECUATORIAL.pdf"}] | 14 - 18 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | In its 2021 CEACR Direct Request on C138, the Committee noted that Equatorial Guinea, at the time of ratifying the Convention, declared 14 years as the minimum age for admission to employment or work. The Committee also noted the adoption of Act No. 10/2012 on the reform of the General Labour Code, section 2 of which regulates personal work for and under the supervision of an employer. Section 11(1) of the aforementioned Act provides that no person under 18 years of age may be admitted to employment or work in any occupation. The Committee also notes that section 4(5) excludes from the scope of the Act any work done by the spouse, siblings or descendants of the employer in exclusively family undertakings which occupy at least five persons, including the head of the family. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 13-AUG-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 12-JUN-1985 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its CEACR Direct Request adopted in 2021 on C182, the Committee writes that in its previous comments, the Committee requested the Government to provide information on the policies, plans, and programmes to prevent and assist child victims of trafficking in persons adopted under Section 14 of Act No. 1/2004 on the illicit trafficking of persons and migrants. In view of the absence of information in this regard, the Committee urges the Government to adopt without delay effective and time-bound measures to prevent children from becoming victims of the worst forms of child labour. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117187,103117:NO"}] | No information | No information | No information |