Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Article 3(a) of the Convention. Sale and trafficking of children and court decisions. In its previous comments, the Committee noted that a number of children, particularly girls, are victims of internal and cross-border trafficking for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that, despite the conformity of the national legislation on the sale and trafficking of children with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. It also noted that 11 court cases were in progress, most of which had been referred to the Office of the Public Prosecutor. The Committee further noted that a police operation had been carried out from 6 to 15 December 2010 with the collaboration of Interpol, during which 38 presumed traffickers were arrested. The police had also arrested two men of foreign nationality presumed to have engaged in trafficking in children. In January 2012, a woman of foreign nationality was also arrested for the ill-treatment and forced labour of six children. The Government indicated that prosecutions had been initiated in relation to all of the arrests.

In its report, the Government indicates that it is not in a position to provide information on the prosecutions, as no sentences have yet been handed down. The Committee notes that, in its concluding observations of July 2016, the Committee on the Rights of the Child expressed concern at the failure of the judiciary to prosecute suspects and sanction perpetrators of child trafficking, even though 700 children had been identified as victims of trafficking and repatriated to their countries of origin (CRC/C/GAB/CO/2, paragraph 66). The Committee on the Rights of the Child, in its concluding observations of June 2016 on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, also expressed concern at the fact that criminal courts only meet twice a year and that there is no requirement to prioritize cases affecting children (CRC/C/OPSC/GAB/CO/1, paragraph 37). The Committee notes with concern that prosecutions of the presumed perpetrators of trafficking in children have still not been taken up by the national courts and that impunity in relation to this worst form of child labour therefore remains a serious menace in the country. The Committee once again urges the Government to take the necessary measures to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force, and to ensure the expeditious determination of trafficking cases by the courts. In this regard, it once again requests the Government to provide specific information on the application of the provisions respecting this worst form of child labour, including statistics on the number of convictions and penalties imposed, and copies of the court rulings in the cases referred to the Office of the Public Prosecutor.

Article 3. 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 no provision of the Code of Audiovisual, Cinematographic and Written Communication prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. In this respect, the Government indicated that, in the context of the current revision of the Code of Audiovisual, Cinematographic and Written Communication, it is planned to prohibit and penalize the phenomenon of child pornography.

The Committee notes the Government’s indication in its report that it is making efforts to adopt regulatory provisions that take these comments into account. The Committee recalls that the use, procuring or offering of a child for the production of pornography is one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour. The Committee, therefore, urges the Government to take the necessary measures to ensure that the Code of Audiovisual, Cinematographic and Written Communication is revised without delay 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 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 that section 177 of the Labour Code, which provides that children under 18 years of age may not be employed in illicit types of work, which are considered to be one of the worst forms of child labour, only prohibits work which, by its nature or the circumstance 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. It also noted that sections 278bis to 278bis4 of the Penal Code, in conjunction with section 20 of Act No. 9/2004 of 21 September 2004 on measures to prevent and combat trafficking in children in Gabon, provide for the repression of any act involving exploitation of the work of children. These provisions relate specifically to the trafficking of children for their exploitation, but do not explicitly prohibit the use, procuring or offering of a child for illicit activities. Noting the absence of information on this subject, 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 by the national legislation. It requests the Government to provide information on the progress achieved in this regard.

Article 4(1) and (3) of the Convention. Hazardous types of work and the determination and revision of such types of work. With regard to the revision of the list of hazardous types of work prohibited for children under 18 years of age, in conformity with Article 4(3) of the Convention, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority under the responsibility of the Ministry of Human Rights. In practice, the monitoring of the phenomenon of trafficking is ensured by a Monitoring Committee and watchdog committees. The Monitoring Committee is the national focal point for action to combat trafficking in children and is competent to assist the Council in its functions and for the implementation of its decisions. The watchdog committees are responsible for monitoring and combating trafficking in children for their exploitation within the country. The Government indicated that, in the context of the “Bana” operation in December 2010, around 20 children were identified and removed from trafficking as a result of the action of watchdog committees. The Committee however noted that, in her preliminary conclusions on her mission to Gabon, the Special Rapporteur on trafficking in persons observed that the coordination of action against trafficking remains weak, particularly among public institutions and between the central administration and local communities.

The Government indicates that it is making efforts to prosecute those responsible for trafficking and to raise the awareness of the population. The Committee also notes that, according to the 2015 UNICEF annual report, the Monitoring Committee, with the technical and financial support of UNICEF Gabon, has been able to establish two watchdog committees in the last two provinces that did not have any (Ogooué Ivindo and Ogooué Lolo). However, the Committee notes that, in her May 2013 report, the Special Rapporteur on trafficking in persons noted with concern that the Monitoring Committee is not adequate to combat trafficking as it lacks a secretariat, a regular budget and the permanent staff which would be necessary to achieve the desired level of effectiveness (A/HRC/23/48/Add.2, paragraph 44). The Committee, therefore, urges the Government to intensify its efforts to strengthen the capacity of watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee with a view to ensuring the enforcement of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress achieved in this regard. It also requests the Government to continue providing information on the number of child victims of trafficking identified and protected by watchdog committees.

2. Labour inspection. The Committee noted previously that, in its conclusions, the Conference Committee on the Application of Standards called on the Government in June 2007 to strengthen the authority of the labour inspection services to enforce the law and to increase their human and financial resources. The Committee on the Application of Standards also requested the Government to ensure that regular inspections are carried out by the labour inspectorate. In this regard, the Committee noted that, under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors are required to report any evidence of the exploitation of the labour of children.

The Committee notes the Government’s indication that no violations have been reported by the labour inspectorate involving children under 18 years of age. The Committee recalls that the absence of cases identified by labour inspectors often points to the lack of adequate resources and that it is indispensable to reinforce the capacity of labour inspectors to identify children engaged in the worst forms of child labour. The Committee therefore requests the Government to take measures to reinforce the capacities of the labour inspectorate to ensure that regular inspections are carried out, particularly in the informal economy. Please provide statistics on the number and nature of violations reported by the labour inspectorate involving children under 18 years of age engaged in work that constitutes the worst forms of child labour.

Application of the Convention in practice. In its previous comments, the Committee noted that the lack of recent statistical data on trafficking in children in the country had been emphasized during the discussion held in the Committee on the Application of Standards. In this context, the Government representative had indicated that the Government would carry out an analysis of the national situation in relation to trafficking in children in Gabon and that a mapping of trafficking routes and areas in which forced labour involving children occurs would be carried out as soon as the necessary resources allowed. The Committee noted that Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012 to create a guidance tool intended to help the Government follow trends in issues related to the rights of the child. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 organizing the implementation scheme for social assistance and family protection is intended to ensure the availability on a permanent basis in Gabon of a body of reliable national data to determine the incidence, forms, trends and manifestations of trafficking in persons.

Recalling that the Government has been referring to the study on the situation of trafficking in children in Gabon since 2008, the Committee notes with regret that it has not provided any information on the adoption of this study. It also notes that the Committee on the Rights of the Child in relation to the Optional Protocol on the sale of children, child prostitution and child pornography expressed concern at the lack of data on the number of reported cases of offences, prosecutions and convictions. The Committee once again urges the Government to take the necessary measures to ensure that the study on the situation of trafficking in children in Gabon is carried out in the very near future, and requests the Government to provide information on the progress achieved in this regard. The Committee also requests the Government to provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 18 years of age engaged in the worst forms of child labour.

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