Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Gabon (Ratification: 2001)

The Committee notes the Government’s indication that it has taken account of the comments made and that it intends, as soon as possible, to take the relevant measures. The Committee hopes that the Government will take the necessary measures to bring national law and practice into conformity with the points raised in its comment and it requests the Government to provide information on any progress achieved in this respect.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that Act No. 004/98 of 20 February 1998, on the general organization of national defence and public security, provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. It requested the Government to provide a copy of the Act. In its report, the Government indicates that section 40 of Act No. 9/85 of 29 January 1986, issuing the general conditions of service of members of the armed forces, establishes the voluntary nature of enlistment in the armed forces. The Government adds that section 110 of Act No. 43/87 of 31 December 1987, amending the general conditions of service of members of the armed forces, covers the age of admission to the armed forces. The Committee once again requests the Government to provide a copy of Act No. 004/98 of 20 February 1998, on the general organization of national defence and public security, and of Act No. 43/87 of 31 December 1987, amending the general conditions of service of members of the armed forces.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Once again, noting the absence of information in the Government’s report on this subject, the Committee again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes once again that the Government has not provided any information on this matter in its report. It therefore once again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous types of work. The Committee previously noted that the provisions of the Labour Code, and particularly those respecting the admission of young persons to hazardous types of work, only apply to workers who have “engaged to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private” (section 1 of the Labour Code). It also noted that, according to the information contained in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase and the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee noted the Government’s indication that the exploitation of children for economic purposes only occurs in the informal economy. It requested the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Noting the absence of information in the Government’s report, the Committee urges it to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under the age of 18 years in relation to work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. In its previous comments, the Committee noted that, under section 177 of the Labour Code, a decree issued jointly by the Minister responsible for labour and the Minister responsible for public health must establish the nature of the work and the categories of enterprises in which work by young persons is prohibited, and the age limit in respect of which the prohibition applies. It also noted that Decree No. 275 of 5 November 1962 contained a list of hazardous types of work prohibited for young persons under 18 years of age, which needed to be updated.

The Committee once again notes that the list of hazardous types of work, enumerated in Decree No. 275 of 5 November 1962, has not yet been revised. In this respect, it once again reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which includes a list of types of work to be taken into consideration when determining hazardous types of work. The Committee also reminds the Government that, when examining or revising the list of hazardous types of work determined in accordance with paragraph 1 of this Article, the organizations of employers and workers concerned must be consulted. The Committee once again hopes that the Government will revise the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 as soon as possible and that it will take into account these comments. The Committee also once again requests the Government to provide information on the consultations held with employers’ and workers’ organizations on this subject.

Article 5. Monitoring mechanisms. The Committee noted previously that a special inspection unit responsible for combating work by young persons had been established within the Ministry of Labour and Employment, but that it was not yet operational. It encouraged the Government to take all the necessary measures to ensure that this inspection unit becomes operational in the very near future and requested it to provide information on this subject. The Committee notes that the Government has not provided any information on this matter in its report. The Committee urges the Government to take all the necessary measures to ensure that this inspection unit becomes operational in the very near future and to provide information on its powers and the means at its disposal to combat the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the information provided by the Government to the effect that the number of persons arrested for the offence of the exploitation of children for economic purposes had increased over recent months and that court decisions on these cases would be handed down in the near future. It requested the Government to provide information on the number of persons convicted and the penalties imposed. Noting the absence of information in the Government’s report, the Committee urges it to provide information on the imposition of penalties in practice including, among other information, reports on the number and nature of infringements reported, investigations carried out, legal proceedings, convictions and the penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the Global HIV/AIDS Epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 20,000 children are HIV/AIDS orphans in Gabon. The Committee observes that one of the consequences of this epidemic for orphans is the greater risk of them becoming engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Gabon, to take the necessary measures to prevent its transmission within the population and to protect children who are HIV/AIDS orphans from the worst forms of child labour.

2. Street children and child domestic workers. According to the information available to the Office, many children live or work in the streets or are engaged in domestic work in Gabon. The Committee considers that children living or working in the streets or engaged in domestic work are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of these children from the worst forms of child labour.