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ILCCR: Examination of individual case concerning Convention No. 182, Worst Forms of Child Labour, 1999 Gabon (ratification: 2001) Published: 2007Description:(ILCCR Individual Observation) Convention:C182 Country:(Gabon) Session of the Conference:96 Document:22 Subject classification: Elimination of Child Labour Subject classification: Children and Young Persons Subject: Elimination of Child Labour and Protection of Children and Young Persons Display the document in: French Spanish Document No. (ilolex): 132007GAB182 A Government representative reasserted the attachment of his country to the ILO standards and supervisory system and wished to reply to all the points raised by the Committee of Experts in their observation. With regard to the sale and trafficking of children, all of the legislation requested had been sent on time to the ILO Subregional Office in Yaoundé and would be available to the Office. Furthermore, with respect to the supervisory mechanisms, the Council to Prevent and Combat the Trafficking of Children had been created in September 2004, but was not yet functioning. The current relevant technical body was the follow-up committee which supervised the vigilance committees, which were regional structures devoted to overseeing the phenomenon in the interior of the country and taking responsibility for the victims. The current legislation authorized the national authorities, including the labour inspectorate, to arrest anyone employing minors. The Committee of Experts would be kept informed of the activities of all these different bodies. Among the measures taken by the Government to prevent children from being employed in the worst forms of child labour, the adoption of appropriate national legislation, establishment of a national manual on procedures to deal with the child victims of trafficking, as well as the appropriate institutional infrastructure, were particularly worth mentioning. At the regional level, it was important to mention the signature of the Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. Along with these measures, information and awareness-raising campaigns had been organized in collaboration with NGOs and occupational organizations of workers and, every year since 2005, the country had marked the World Day against Child Trafficking. In an attempt to collect comprehensive national statistics to distinguish between child workers and child victims of trafficking, the Government intended to carry out an analysis of the national situation on child trafficking in Gabon, and a mapping of the trafficking routes and zones in which forced labour involving children was practiced. Furthermore, the Government, with the support of the ILO, had established a new institutional infrastructure to strengthen the fight against all forms of child trafficking and exploitation, including a call centre with a toll free hotline, a shelter for children in difficulty and vigilance committees, in the framework of the LUTRENA/IPEC project; they were functional and had their own plans of action. There were four shelters for such child victims, most of them located in the capital where 60 per cent of the population lived. In this respect it was important to note that there was no internal trafficking of children on national territory. The children being treated were ones who had been removed from a situation of exploitation by means of specialized structures set up for this purpose. Some 200 child victims had been removed from trafficking between 2003 and 2005, 137 of which were children aged 5 to 16 years; of these 137, 115 were girls who are the ones most affected by trafficking and exploitation. With regard to the reinsertion of victims of trafficking, the best solution for a child that had been removed from such a situation was to be returned to his or her family, which was why two-thirds of the children who had been reinserted had been returned to their countries of origin or remained in Gabon, in accordance with their wish. The social and medical follow-up of the victims and the measures taken to ensure their rehabilitation and social integration were also being ensured. The children that had been removed from trafficking were enrolled in public schools where they could have the same opportunities as other children. The older children were enrolled in literacy centres. The Government had also taken certain steps, in particular awareness raising for trade unions in the transport sector and small enterprises, to protect independent workers under 18 years of age from work which, by its nature or the circumstances in which it was carried out, was likely to harm their health or morals. It was also envisaging the possibility of adopting the measures recommended by the Committee of Experts to increase the number of police at terrestrial, maritime and aerial borders, and to set up joint border patrols and open transit centres at the borders of neighbouring countries. The Government representative concluded by reaffirming the willingness and commitment of his Government to implement the recommendations of the Committee and requested ILO technical assistance to improve the application of the ratified instruments and Convention No. 182 in particular. The Employer members thanked the Government for the information provided that seemed to address the Committee of Experts' requests. The Government needed to provide this information in report form to the Committee of Experts. The case concerned serious issues regarding the incidence of child labour, trafficking of children within and across borders, the treatment of children rescued from child labour, and investigative matters - all problems which the Government had acknowledged, having ratified the Convention in 2001 and signed a Memorandum of Understanding with IPEC in 2003. There was every indication that the Government was, in a formal way at least, participating in dialogue with the Committee of Experts and the ILO supervisory mechanisms. He noted that the matter was likely to be ongoing given its serious nature, the large informal economy and its very magnitude. It was, however, vital to ascertain whether the problem was getting better or worse. In 2004, the Committee estimated about 25,000 children working in the country, of which 17-20,000 were victims of trafficking, with 95 per cent of this occurring in the informal economy. However, neither the Committee of Experts' report nor the Government's reply provided more recent comparative data. It was difficult to know what was working and what was not, a question that was at the heart of the Government's obligations under the Convention. Further information was required on the harmonization initiatives mentioned in the context of a wider subregional project, including two new decrees in 2005, and on the administrative council established to prevent and combat the problem, as well as on its tripartite representation. Further information was also required on the information campaign, which should be spread to other towns across the country. Of equal relevance were the steps being taken under the Convention to provide assistance to children rescued from trafficking, including the provision of medical and social assistance, education and training. The Government had not provided adequate material to the Committee of Experts in this respect, though reference had been made to a procedural manual. The Committee of Experts' report referred to investigative matters, including the powers and activities of police, border controls and judicial bodies. There was an important need for the Government to make available information on measures being taken, given the migratory nature of the problem. The Employer members believed that regional responses were part of the solution, but only if resources and commitment existed, and if mechanisms to verify implementation were in place. The Government was responding at least on measures taken, but not with precise numbers. They hoped that the next report would provide a fuller picture on progress to date. The Worker members said that none of the information that had been provided by the Government in this session figured in the report of the Committee of Experts and it would have been preferable to have had it earlier. Despite the measures mentioned, the situation remained alarming. The sale and trafficking of children was a crime against humanity and could threaten the future and the very survival of a country, or even a continent. The Government of Gabon was among the most influential and respected of the African continent. It was incomprehensible that the Government did not take a political decision to ensure the future of its children. The authorities of Gabon had to realize their economic and political value and take it upon itself to address this violation against the fundamental rights of the child without waiting to be asked, thus taking the lead. The measures taken by the Government in the framework of the Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (IPEC/LUTRENA) consisted in the adoption of two decrees; the creation, in collaboration with the social partners, of a Council to Prevent and Combat the Trafficking of Children, a specialized administrative body; the reinforcement of the powers of the labour inspectorate; the initiation of awareness-raising campaigns for families; the establishment of a shelter for victims, including social and medical follow-up and access to free education; and consultations with the countries of origin of the victims. It was important to emphasize awareness raising for underprivileged families and cooperation with the governments of the countries of origin. Côte d'Ivoire, Mali and Burkina Faso had set up systems to stem child trafficking, which could be of interest to the Government. The speaker concluded by requesting the Government to show genuine political will without which nothing could be achieved. The Worker member of Gabon said that child labour was a scourge in West Africa and had extended to Asia. Foreign children living in Gabon were very often engaged in the informal economy as domestic workers, street vendors and beggars. Faced with this shameful phenomenon, the Government of Gabon, in collaboration with the social partners, had taken action since 2001 through awareness and denunciation. National campaigns against child labour had been launched in the major economic centres of the country: publicity posters and television advertisements on children's rights and parents' responsibilities; systematic police controls and other enforcement operations. Despite the efforts made by the Government, the problem remained, particularly due to the lack of collaboration from diplomatic representatives of the countries concerned, as well as continued increase in migrant flows. Gabon was a country with a 800 km coastline and important virgin forests, unable to deal with this curse undoubtedly caused by migratory flows. He concluded by calling on the Government to considerer seriously the possibility of availing itself of technical assistance to reinforce security and border controls, to extend awareness-raising campaigns throughout the national territory and to show greater firmness towards those found guilty of such practices. The Employer member of Gabon remarked that her experience of ILO work and the practical situation in her country confirmed the observations made by the Committee of Experts as far as child labour was concerned. While the current situation in Gabon could not be considered as making progress, the Government should nevertheless be encouraged to request ILO technical assistance. The Government had, in fact, ratified the Convention in particular circumstances and committed to eliminating the worst forms of child labour as well as trafficking of children. The economic activities that led to these worst forms were exclusively illegal activities that were part of the informal economy. Child victims of trafficking forced into the worst forms of child labour were often involved along with their parents who themselves were victims of trafficking or handicapped in some way. Therefore, technical cooperation provided by the Office could be of multiple types. It could involve actors from countries where trafficking existed to permit integrated field work to sensitize traffickers involved in illegal entry of children into the country. Labour inspectors could also be better trained and therefore better communicate with actors in the informal economy who made use of the worst forms of child labour. Multidisciplinary teams could teach the children involved and their parents about the evils of the phenomenon and of the importance of education in improving living conditions. After recalling the provisions of the Convention's preamble, she mentioned Article 7 which concerned measures which ratifying States committed to take to ensure the implementation and respect for these provisions. Although it was a destination country for trafficked children, Gabon's efforts in the elimination of the worst forms of child labour should be recognized. She concluded by inviting the Government to supply the Committee of Experts with all the information it had requested. The Worker member of Senegal noted that the discussion by the Committee of cases of non-respect of ratified Conventions was generally an opportunity for a rich debate, especially where the protection of children was concerned. The Government of Gabon had indicated that its legislation contained provisions, implementation of which was running up against certain obstacles, which thus perpetuated the abuses. It could however no longer remain silent before the fact of children being forced to work and reduced to human servitude or as instruments of pleasure. The law was one thing and practice was another and, consequently, the application of the law had to be taken into account especially if it served to develop consciousness of the problem and was in its initial stages. The egoism and ferocity of traffickers must be opposed by moral indignation brought on by the humiliation and plight of the children. Efforts must also be undertaken to see that justice was done. Children had to be given a real opportunity to have their dignity and rights. The Government should carry out a study on child labour and define a national policy and a plan of action against trafficking of children, taking into account the country's status as a migrant destination. Bilateral agreements with neighbouring countries or countries of origin should also be signed and cooperation undertaken especially to organize repatriation. The speaker concluded by saying that the Government should ensure application of the Convention in order to demonstrate its declared good intentions. The Worker member of the United Kingdom observed that as indicated by the Government representative, in Gabon two Decrees had been adopted on the issue of child trafficking: Decree No. 0024 of January 2005 concerning supervision, searches and investigations with a view to preventing and combating trafficking of children and Decree 00741 on labour offences. The Committee of Experts had requested copies of these Decrees and until their examination, it would be hard to determine whether Gabon fulfilled its obligations to develop a comprehensive national policy and plan of action against child trafficking, taking into account the special status of Gabon as a destination country of trafficking from West Africa. The report of the Committee of Experts indicated the existence of a tripartite Council to Prevent and Combat the Trafficking of Children and some information was provided on its record in preventing trafficking and rescuing children, but this information did not amount to a comprehensive account on the Council's functioning and effectiveness. In fact, the Government had just indicated to the Committee that the Council was not functioning but at the same time gave details about the rehabilitation of children. All this was very confusing. If lack of comprehensive information was preventing the Government from adopting and implementing a coherent national policy, then the intention of the Government to undertake a national study on child labour including a section on child trafficking with disaggregated data, should be welcomed. The information given to the Committee by the Government and Gabonese Employer representatives indicated some very serious problems not least concerning the boat children. Similarly, the report of the Committee of Experts provided no information on the enforcement by the labour inspectorate of Decree No. 741 on labour offences nor explained the role of the labour inspectorate with regard to combating child labour, including its worst forms such as trafficking. This point had been raised also by the Employer member of Gabon. Similarly, there was no information on the activities of the judicial police and officials of the Ministry for the Family and the Protection of Children, nor regarding the Ministry of Labour. Gabon was a non-core country of the IPEC/LUTRENA Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa. Since the summer of 2006 there had been only indirect technical assistance under the project, for example, a regional workshop on trafficking with gender sensitive approaches or more recently, an ILO Regional Meeting on Trafficking in Persons, which had taken place in Dakar in May 2007. The Committee of Experts had noted the efforts made with a view to the implementation of Phases III and IV of the LUTRENA project but there was no information on the effectiveness of the Monitoring Committee of the Interministerial Commission which was the national structure assisted by LUTRENA. According to the most up to date information from the region, there was no evidence that the Commission had so far taken any formal decisions or actions although its individual members continued to be active and to campaign against child trafficking. As to the system of dialogue between Gabon and countries of origin of child labourers with a view to eliminating child trafficking, he wondered why the multilateral cooperation agreement which according to the Government had been signed in July 2006 had not been communicated to the Committee of Experts and whether this agreement dealt with assistance to child victims and procedures for repatriation to protect the interests of the victims. Finally, there was nothing in the report on education provision under Article 7(c) of the Convention. In general, there was evidence that the Government did not lack material resources and might need more technical assistance, but most importantly, it needed more political will and had to send a robust report to the Committee of Experts. The information sent six years after ratification was insufficient to determine whether Gabon was giving effect to the Convention in law and in practice. If there was information but it was not being communicated, that was unacceptable. If, on the other hand, information was not being communicated to the Committee of Experts because it was not available, then Gabon needed to sort out its internal procedures as a matter of urgency because otherwise, it could not develop and implement a coherent national plan of action against the worst forms of child labour. The Government representative stressed that the aim of his intervention was to provide supplementary information to the previous report submitted. This was why the text of his intervention had been submitted accompanied by legal texts and other relevant documents. In ratifying the Convention, Gabon had stated its determination to combat the scourge of trafficking of children. This determination had been demonstrated mainly through the organization of seminars and regular awareness-raising campaigns. The efforts made by the Government since ratification should be taken into account. The Government reiterated its determination to continue its efforts to combat child trafficking in Gabon, which was a twisted consequence of Gabonese hospitality, and was ready to cooperate with all countries in West Africa. The difficult phenomenon of trafficking required genuine international cooperation. The Worker members reiterated that the Government had to send the information in writing on the measures taken so that the Committee could examine and evaluate them. Thus, a report should be sent as soon as possible. The Government should show the political will to conduct a more active and energetic policy against such a scourge as child trafficking. It should supply written information on the results obtained as a result of the measures that the Government representative had presented and it also had to give the families a sense of responsibility so that they would not indulge in such practices. Finally, they suggested that the Government immediately contact and make agreements with the neighbouring countries so as to more effectively fight against child trafficking networks. The Employer members expressed their appreciation for the Government's good will and underlined three elements. First, the Government needed to do everything within its capacity and capability to eradicate the worst forms of child labour. Second, the Government should put in place a measurement tool to indicate how many children were engaging in the worst forms of child labour and which programmes to combat it were effective. Third, the Government should report to the Committee of Experts the information presented before the Conference Committee so that the Committee of Experts could make an assessment of the situation.
ConclusionsThe Committee took note of the detailed written and oral information provided by the Government representative as well as the discussion that took place thereafter. The Committee observed that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children for economic and sexual exploitation. The Committee noted the detailed information provided by the Government outlining the comprehensive measures taken to prohibit and eliminate the sale and trafficking of children, as well as the action programmes that had been adopted in collaboration with ILO/IPEC to remove children from such situations. The Committee also noted that the Government of Gabon had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO. In this regard, the Committee urged the Government to undertake a National Study on Child Labour to assess the extent of the worst forms of child labour in the country. While welcoming the measures taken, the Committee urged that children would no longer continue to be victims of trafficking, and that those responsible would be punished. In this regard, the Committee requested the Government to expand the authority of labour inspectorates in enforcing the law and to increase the human and financial resources of the labour inspectorate. It requested the Government to ensure that regular visits were carried out by the labour inspectorate and that persons who infringed the Convention were prosecuted and faced sufficiently effective and dissuasive sanctions. Moreover, underlining the importance of free, universal and compulsory formal education in preventing the worst forms of child labour, the Committee invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls. Finally, the Committee requested the Government to provide detailed information on effective and time-bound measures taken to remove the children who were victims of trafficking from hazardous work and to provide for their rehabilitation and social integration, in conformity with Article 7(2) of the Convention. These measures should include the repatriation, family re-unification and support for former child victims of trafficking. The Committee insisted on the need for cooperation with the States involved. The Committee requested the Government to provide detailed information in its next report to the Committee of Experts on the effective implementation in practice of the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.The Worker member of the United Kingdom said one element was missing from the conclusions on Gabon, viz. the need to continue and build cooperation with neighbouring countries in order to combat trafficking. The Chairperson regretted that this could not be done as the gavel was already down. |
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