Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guinea-Bissau (Ratification: 2008)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. With regard to the Committee’s request to provide information on the application in practice of Act No. 12/2011 on preventing and combating trafficking in persons, particularly women and children (Anti-Trafficking Act), the Government indicates in its report that it does not have any information on this matter, since the juvenile court has not received any complaints on the worst forms of child labour. The Committee also notes with concern the Government’s indication, in its report on the application of the Forced Labour Convention, 1930 (No. 29), that two investigations into cases of trafficking in persons have been opened but no prosecution has been initiated and no sentence has been handed down. The Committee therefore requests the Government to ensure that persons engaging in the trafficking of children are investigated and prosecuted, and that penalties constituting an adequate deterrent are imposed. It once again requests the Government to provide information on the number of investigations, prosecutions, convictions and criminal penalties imposed for the trafficking of persons under 18 years of age, pursuant to the Anti-Trafficking Act.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Further to its previous comments, the Committee notes with regret the Government’s indication that it does not have any information on the measures taken or envisaged to ensure that the use, that is to say by a client, of a child between 16 and 18 years of age in prostitution is prohibited. The Committee recalls that Article 3(b) of the Convention prohibits not only the procuring or offering but also the use of a child under 18 years of age for prostitution. The Committee urges the Government to take the necessary steps to ensure that the use of children between 16 and 18 years of age in prostitution is prohibited, and to provide information on progress made in this regard.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. As regards the adoption of the list of hazardous types of work in which it is prohibited to employ persons under 18 years of age, the Committee refers to its detailed comments on the application of the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes with regret the Government’s indication that it does not have any information on the subject of boys, especially talibés, who are victims of trafficking for forced labour and begging. However, the Committee notes the Government’s indication, in the report which it submitted on Convention No. 29, that support was given in connection with the return of talibé children from Senegal (164 in 2021 and 78 in 2022). The aforementioned report also indicates that trafficking victims receive multiple forms of assistance, including psycho-social assistance, food and medical care, following eight stages: (1) identification of the victim; (2) emergency care, including medical care, for the victim; (3) examination of the victim’s personal situation; (4) evaluation of the victim’s family situation and environment; (5) possible alternatives for placing the victim outside his/her family; (6) social and occupational reintegration; (7) monitoring of the child after return to his/her family and community; and (8) support for the development of the socio-economic capacities of the family and community. These services are provided by a variety of actors in their respective roles, including social workers, police, community officials, reception centres and social partners. The Committee requests the Government to continue taking effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging, and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved, particularly regarding the number of children, whether talibé or others, who have been withdrawn from trafficking and then rehabilitated and socially integrated via the eight stages of assistance for victims.

The Committee is raising other matters in a request addressed directly to the Government.