Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guinée (Ratification: 2003)

Article 3 of the Convention. Worst forms of child labour. The Committee noted previously the information provided by the Government that it had taken urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hoped that the legislative reforms undertaken by the Government would be adopted in the very near future and requested it to provide information in this respect.

The Committee notes with interest the adoption of the Guinean Children’s Code (Act No. L/2008/011/AN) of 19 August 2008.

Articles 3(a) and 4(1) and (3). All forms of slavery or practices similar to slavery and determination and revision of the list of types of hazardous work. Sale and trafficking of children and hazardous types of work. Further to its previous comments, the Committee notes with satisfaction that sections 385 to 396 of the Children’s Code of 2008 effectively prohibit trafficking in persons, including children, for sexual exploitation or for the exploitation of their labour. Section 386 provides that anyone who engages in or is an accomplice to trafficking in children shall be liable to a sentence of imprisonment from three to ten years and a fine from 1 to 3.5 million Guinea francs (GNF).

The Government adds that a Bill prohibiting child labour and trafficking is currently being prepared. The Committee notes the Government’s indication that this new Bill includes provisions bringing the national legislation into conformity with the Convention with regard to hazardous work and that, to that effect, the list of hazardous types of work has been reviewed in relation to the various sectors. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill prohibiting child labour and trafficking and to provide a copy once it has been adopted, including the duly revised list of hazardous types of work.

Article 3(a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes with satisfaction that section 429 of the Children’s Code of 2008 provides that no child under 18 years of age shall participate in hostilities, directly or indirectly, or be enrolled into the armed forces or an armed group, under penalty of imprisonment from two to five years and a fine from GNF50,000 to GNF500,000.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes with satisfaction that sections 359 and 360 of the Children’s Code prohibit the production, offering, dissemination, procuring, possession and representation of any pornography involving the performance by children of explicit sexual activities, whether real or simulated, or any representation of the sexual organs of a child, under penalty of imprisonment from one to five years and a fine from GNF300,000 to GNF1 million. It also observes that section 383 of the Children’s Code provides that the act of directly causing a child to transport, hold in their possession, offer or provide drugs shall be punishable by imprisonment from one to five years and a fine from GNF250,000 to GNF1 million, or one of these penalties.

Article 3(d). Hazardous types of work. Self-employed workers. The Committee noted previously that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the “Labour Code”), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. However, it also noted that section 1(2) defines the term “worker” as “[...] any person who has undertaken to place her or his occupational activity [...] under the direction and authority of another person [...]”. The Committee observed that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It requested the Government to indicate the measures adopted to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention.

The Committee notes with satisfaction that, under section 411 of the Children’s Code, the worst forms of child labour are prohibited, including all types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children. Under the terms of section 1 of the Children’s Code, any human being aged under 18 years is a child.

Article 7(1). 1. Penal sanctions. The Committee notes that the Children’s Code of 2008 establishes several sanctions in relation to cases of the worst forms of child labour envisaged in Article 3(a) to (c) of the Convention. The Committee also notes the Government’s indications that in 2011 there were 13 cases of trafficking in persons, but that these cases are currently before the courts and that no convictions have yet been handed down. The Committee requests the Government to provide information on the number and nature of the violations of the Children’s Code relating to the worst forms of child labour, and particularly trafficking in children for sexual exploitation or the exploitation of their labour, the investigations conducted, prosecutions, convictions and penalties imposed.

2. Sanctions. The Committee noted previously that section 205 of the Labour Code establishes sanctions for those committing infringements of the Child Labour Order, and particularly for the employment of children in hazardous types of work.

The Committee further notes that section 428 of the Children’s Code of 2008 provides that persons violating the prohibition to employ children under 18 years of age on work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals (section 411), shall be liable to the sanctions envisaged in the Labour Code to that effect. The Committee notes the Government’s indication that no reports by the labour inspectorate refer to cases of child labour, as a result of which no court rulings exist imposing penalties under section 205 of the Labour Code. However, the Committee notes that, according to the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, conducted in collaboration with ILO/IPEC/SIMPOC and the National Statistical Institute of Guinea, 40.1 per cent of children between the ages of 5 and 17 years in Guinea, or 1,427,778 children, are engaged in types of work that are to be abolished, of whom 84.1 per cent are engaged in hazardous types of work, amounting to 33.7 per cent of children between the ages of 5 and 17 years (a total of 1,200,292 children). The Committee, therefore, requests the Government to take immediate measures to strengthen the capacity of the labour inspection services as a matter of urgency, so as to ensure adequate monitoring and detection of children under 18 years of age engaged in the worst forms of child labour, and particularly in hazardous types of work. The Committee also requests the Government to provide extracts from labour inspection reports relating to children engaged in hazardous types of work.

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