CMNT_TITLE

Repetition

The Committee notes the observations made by the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

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. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

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 the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take 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 measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.