Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the new Penal Code Law No. 6 of 2012 was adopted. It noted that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution and that section 181(2) provides that enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee requested the Government to indicate the provisions of the Penal Code that prohibit the trafficking of minors for labour exploitation.

The Committee takes due note of the Government’s indication in its report that section 160(1) of the Penal Code prohibits trafficking in persons for labour exploitation with a penalty ranging from two to eight years of imprisonment and that under section 160(3) this penalty increases to three to ten years when the crime involves children under the age of 16 years. The Committee requests the Government to provide information on the application in practice of the sections of the Penal Code that prohibit the sale and trafficking of children under the age of 18 years for sexual or labour exploitation, including the number of investigations, prosecutions, convictions and nature of the penalties imposed.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. The Committee previously noted that the Government, in cooperation with the ILO and UNICEF, had approved a National Plan on the Worst Forms of Child Labour, under which several training and awareness-raising seminars on child labour and its worst forms has been organized for teachers, employers and young businessmen.

The Committee notes the Government’s indication that the National Plan has helped raise awareness about child labour and the importance of prevention at all levels of society, including in schools and in the media. The Government states that the National Plan has rendered many results, including the complete disappearance of “helpers” under 18 years of age in offices. Moreover, the Committee notes that in 2012 the Government, in collaboration with ILO–IPEC, implemented the “Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016”. The project’s objectives were to provide support to tripartite constituents to fight child labour and eradicate its worst forms through the elaboration and implementation of an action plan, the strengthening of competent institutions and the elaboration of a list of hazardous types of work prohibited to children. The Committee requests the Government to provide further information on any measures taken or envisaged within the framework of the National Plan on the worst forms of child labour and the ILO–IPEC project. Please also provide information on the impact of such programmes with regard to the elimination of the worst forms of child labour, particularly the number of children reached through these initiatives.

Article 7(1). Penalties. The Committee notes the absence of information provided with regard to the practical application of the penalties laid down under Act No. 6/92 for imposing hazardous work on minors or under the Penal Code for offences under Article 3(a)–(c) of the Convention. The Committee recalls that information on the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied serves both to measure the number of child victims of the worst forms of child labour and the effective implementation and enforcement of the national provisions giving effect to the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 644). Therefore, the Committee once again requests the Government to provide information on the practical application of the penalties laid down under Act No. 6/92 and under the Penal Code for violation of the rights protected under the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Government, in partnership with some civil society organizations and donors, has implemented specific assistance programmes for facilitating access to school for children belonging to poor communities, through free uniforms, concession of school passes on school buses, and the distribution of school grants to low-income families to keep children in school. Moreover, the Government indicated that in partnership with the United Nations World Food Programme and the Government of Brazil, the Government introduced the provision of one hot meal per day to students in order to reduce school drop-outs. Finally, the Committee noted that the Fast-Track Project instituted within the Structural Adjustment Programme (PASS) undertook the construction and renovation of classrooms to reach the objective of universalizing the free and compulsory six-year elementary school programme for children in the country.

The Committee notes the Government’s indication that it has adopted the National Poverty Reduction Strategy (2012–16) in which the objective in terms of education was to develop strategies to improve the quality of instruction and to create genuine equality of opportunity in initial and continuing school enrolment. The Government further indicates that it has built schools at the community level in order to ensure that most, if not all, school-age children meet the compulsory education requirement. Considering that the National Poverty Reduction Strategy ended in 2016, the Committee requests the Government to provide information on the strategies that are being developed or envisaged to improve access to free basic compulsory education and the results achieved. The Committee encourages the Government to continue its efforts to improve the functioning of the education system, by taking measures to ensure access to free basic, quality education for all children, particularly children from poor communities, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels. It requests the Government to provide information on the measures taken in this regard and on the results achieved. To the extent possible, this information should be disaggregated by age and by gender.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Street children. In its previous comments, the Committee noted the Government’s information that the reception centres established in the country play an important role in removing children, especially street children, from the worst forms of child labour.

The Government indicates that underage children found to be working are automatically removed from the workplace, taken to reception centres and, later, returned to their families. Additionally, the Committee notes the Government’s statement from its report under the application of the Minimum Age Convention, 1973 (No. 138), that the Ministry of Employment and Social Affairs and the Department of Social Protection and Solidarity are working on a Street Children Support Project which, once implemented, will mitigate this problem. The Committee encourages the Government to continue its efforts to remove street children from the worst forms of child labour. It requests, once again, the Government to provide information on the number of children removed from the street and received in the reception centres. Please also provide a copy of the Street Children Support Project.

Article 7(3). Designation of a competent authority. The Committee notes from the concluding observations formulated by the Committee on the Rights of the Child dated 29 October 2013 that the National Child Rights Committee ceased to operate in November 2012 and that no appropriate body was created or named to replace it (CRC/C/STP/CO/2-4, paragraph 10). Recalling the importance of the existence of a competent authority to properly supervise the application of the Convention, the Committee requests the Government to designate a competent authority responsible for the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation. The Committee previously noted that Sao Tome and Principe was one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially women and children in West and Central Africa, which, among others, aims to develop a common front to prevent, fight and suppress trafficking in persons and to protect, rehabilitate and reintegrate victims of trafficking.

The Committee notes the Government’s indication that in the framework of the Multilateral Cooperative Agreement, it has ratified the United Nations Convention against Transnational Organized Crime. It has also signed an agreement on cooperation between Central African criminal police agencies aimed at ensuring cooperation between the national police authorities on matters relating to trafficking in persons. The Committee requests the Government to provide information on the impact these cooperation agreements have had in combating trafficking in children.

Application of the Convention in practice. The Government indicates that it has implemented various activities in partnership with public and private institutions and non-governmental organizations, with a view to give effect, in practice, to the Convention such as a Rapid Survey on Child Labour (2014), the National Plan on the Worst Forms of Child Labour, and the Sao Tome and Principe Campaign against Child Labour. The Committee takes due note of the efforts made and requests the Government to provide detailed information on the current situation regarding the worst forms of child labour, including information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the new Penal Code Law No. 6 of 2012 was adopted. It noted that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution and that section 181(2) provides that enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee requested the Government to indicate the provisions of the Penal Code that prohibit the trafficking of minors for labour exploitation.

The Committee takes due note of the Government’s indication in its report that section 160(1) of the Penal Code prohibits trafficking in persons for labour exploitation with a penalty ranging from two to eight years of imprisonment and that under section 160(3) this penalty increases to three to ten years when the crime involves children under the age of 16 years. The Committee requests the Government to provide information on the application in practice of the sections of the Penal Code that prohibit the sale and trafficking of children under the age of 18 years for sexual or labour exploitation, including the number of investigations, prosecutions, convictions and nature of the penalties imposed.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. The Committee previously noted that the Government, in cooperation with the ILO and UNICEF, had approved a National Plan on the Worst Forms of Child Labour, under which several training and awareness-raising seminars on child labour and its worst forms has been organized for teachers, employers and young businessmen.

The Committee notes the Government’s indication that the National Plan has helped raise awareness about child labour and the importance of prevention at all levels of society, including in schools and in the media. The Government states that the National Plan has rendered many results, including the complete disappearance of “helpers” under 18 years of age in offices. Moreover, the Committee notes that in 2012 the Government, in collaboration with ILO–IPEC, implemented the “Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016”. The project’s objectives were to provide support to tripartite constituents to fight child labour and eradicate its worst forms through the elaboration and implementation of an action plan, the strengthening of competent institutions and the elaboration of a list of hazardous types of work prohibited to children. The Committee requests the Government to provide further information on any measures taken or envisaged within the framework of the National Plan on the worst forms of child labour and the ILO–IPEC project. Please also provide information on the impact of such programmes with regard to the elimination of the worst forms of child labour, particularly the number of children reached through these initiatives.

Article 7(1). Penalties. The Committee notes the absence of information provided with regard to the practical application of the penalties laid down under Act No. 6/92 for imposing hazardous work on minors or under the Penal Code for offences under Article 3(a)–(c) of the Convention. The Committee recalls that information on the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied serves both to measure the number of child victims of the worst forms of child labour and the effective implementation and enforcement of the national provisions giving effect to the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 644). Therefore, the Committee once again requests the Government to provide information on the practical application of the penalties laid down under Act No. 6/92 and under the Penal Code for violation of the rights protected under the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Government, in partnership with some civil society organizations and donors, has implemented specific assistance programmes for facilitating access to school for children belonging to poor communities, through free uniforms, concession of school passes on school buses, and the distribution of school grants to low-income families to keep children in school. Moreover, the Government indicated that in partnership with the United Nations World Food Programme and the Government of Brazil, the Government introduced the provision of one hot meal per day to students in order to reduce school drop-outs. Finally, the Committee noted that the Fast-Track Project instituted within the Structural Adjustment Programme (PASS) undertook the construction and renovation of classrooms to reach the objective of universalizing the free and compulsory six-year elementary school programme for children in the country.

The Committee notes the Government’s indication that it has adopted the National Poverty Reduction Strategy (2012–16) in which the objective in terms of education was to develop strategies to improve the quality of instruction and to create genuine equality of opportunity in initial and continuing school enrolment. The Government further indicates that it has built schools at the community level in order to ensure that most, if not all, school-age children meet the compulsory education requirement. Considering that the National Poverty Reduction Strategy ended in 2016, the Committee requests the Government to provide information on the strategies that are being developed or envisaged to improve access to free basic compulsory education and the results achieved. The Committee encourages the Government to continue its efforts to improve the functioning of the education system, by taking measures to ensure access to free basic, quality education for all children, particularly children from poor communities, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels. It requests the Government to provide information on the measures taken in this regard and on the results achieved. To the extent possible, this information should be disaggregated by age and by gender.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Street children. In its previous comments, the Committee noted the Government’s information that the reception centres established in the country play an important role in removing children, especially street children, from the worst forms of child labour.

The Government indicates that underage children found to be working are automatically removed from the workplace, taken to reception centres and, later, returned to their families. Additionally, the Committee notes the Government’s statement from its report under the application of the Minimum Age Convention, 1973 (No. 138), that the Ministry of Employment and Social Affairs and the Department of Social Protection and Solidarity are working on a Street Children Support Project which, once implemented, will mitigate this problem. The Committee encourages the Government to continue its efforts to remove street children from the worst forms of child labour. It requests, once again, the Government to provide information on the number of children removed from the street and received in the reception centres. Please also provide a copy of the Street Children Support Project.

Article 7(3). Designation of a competent authority. The Committee notes from the concluding observations formulated by the Committee on the Rights of the Child dated 29 October 2013 that the National Child Rights Committee ceased to operate in November 2012 and that no appropriate body was created or named to replace it (CRC/C/STP/CO/2-4, paragraph 10). Recalling the importance of the existence of a competent authority to properly supervise the application of the Convention, the Committee requests the Government to designate a competent authority responsible for the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation. The Committee previously noted that Sao Tome and Principe was one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially women and children in West and Central Africa, which, among others, aims to develop a common front to prevent, fight and suppress trafficking in persons and to protect, rehabilitate and reintegrate victims of trafficking.

The Committee notes the Government’s indication that in the framework of the Multilateral Cooperative Agreement, it has ratified the United Nations Convention against Transnational Organized Crime. It has also signed an agreement on cooperation between Central African criminal police agencies aimed at ensuring cooperation between the national police authorities on matters relating to trafficking in persons. The Committee requests the Government to provide information on the impact these cooperation agreements have had in combating trafficking in children.

Application of the Convention in practice. The Government indicates that it has implemented various activities in partnership with public and private institutions and non-governmental organizations, with a view to give effect, in practice, to the Convention such as a Rapid Survey on Child Labour (2014), the National Plan on the Worst Forms of Child Labour, and the Sao Tome and Principe Campaign against Child Labour. The Committee takes due note of the efforts made and requests the Government to provide detailed information on the current situation regarding the worst forms of child labour, including information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the new Penal Code Law No. 6 of 2012 was adopted. It noted that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution and that section 181(2) provides that enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee requested the Government to indicate the provisions of the Penal Code that prohibit the trafficking of minors for labour exploitation.

The Committee takes due note of the Government’s indication in its report that section 160(1) of the Penal Code prohibits trafficking in persons for labour exploitation with a penalty ranging from two to eight years of imprisonment and that under section 160(3) this penalty increases to three to ten years when the crime involves children under the age of 16 years. The Committee requests the Government to provide information on the application in practice of the sections of the Penal Code that prohibit the sale and trafficking of children under the age of 18 years for sexual or labour exploitation, including the number of investigations, prosecutions, convictions and nature of the penalties imposed.

Repetition

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 previously noted that a new Penal Code was being elaborated and was in the final stages of approval by the National Assembly.

The Committee notes that the Penal Code No. 6 of 2012 has been adopted. It notes with interest that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution. The Committee further notes that according to section 181(2) of the Penal Code, enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee notes, however, that the Penal Code does not prohibit the trafficking of minors for labour exploitation. The Committee, therefore, requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that according to article 64(2) of the Constitution all citizens have the duty to perform their military service under the terms envisaged by the law. It also noted from the Government’s initial report to the Committee on the Rights of the Child (CRC) that the minimum age for compulsory military service is 18 years, though volunteers may enlist at the age of 17 years with parental consent (CRC/C/8/Add.49, 2003, paragraphs 97–98). Noting the absence of information on this point, the Committee once again requests the Government to provide the text of the relevant provisions in the national legislation that prohibit the recruitment of children below 18 years for use in armed conflict.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that a draft list of the types of hazardous work has been prepared based on a study undertaken by a Brazilian consultant as part of the preparatory work for the Global Conference on Child Labour in Brasilia in October 2013. The Committee expresses the firm hope that the draft list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, as well as to supply a copy, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the labour inspectorate is the competent body to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe (sections 1 and 2 of the Labour Inspection Act). Noting that the Government’s report does not contain any information in this regard, the Committee once again requests the Government to provide information on the functioning of the labour inspectorate, particularly with regard to the worst forms of child labour, including for example, extracts of reports or documents indicating the nature and extent of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s information that several activities for the elimination of the worst forms of child labour are being undertaken by the Government in partnership with the ILO and UNDP as well as with other government officials, trade unions, teachers and professors. The Committee notes from the Government’s responses of 23 August 2013 to the list of issues concerning the second to fourth periodic reports to the CRC (Government responses to the CRC) that the Government, in cooperation with the ILO and UNICEF, has approved a National Plan on the Worst Forms of Child Labour on 11 June 2013 (CRC/C/STP/Q/2-4/Add.1, paragraph 40). Within the framework of this national plan, several training and awareness-raising seminars on child labour and its worst forms has been organized for teachers, employers and young businessmen. The Committee requests the Government to provide further information on the measures taken or envisaged within the framework of the National Plan on the worst forms of child labour, and its impact with regard to the elimination of the worst forms of child labour, particularly the number of children reached through its initiatives.

Article 7(1). Penalties. The Committee previously noted section 147(1) of Act No. 6/92 which establishes penalties of fines for the breach of section 129 (prohibition on hazardous work by minors) and section 135 (overtime work by minors). It also noted section 147(2) which provides for penalties for the breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age. The Committee once again requests the Government to provide information on the practical application of the penalties laid down under Act No. 6/92 with regard to hazardous work by minors. It also requests the Government to provide information on the application in practice of the penalties laid down under the Penal Code for the offences under Article 3(a)–(c) of the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the Government’s second to fourth periodic reports on the implementation of the Convention on the Rights of the Child (CRC/C/STP/2–4, June 2010) that the Government in partnership with some civil society organizations and donors have implemented specific assistance programmes for facilitating access to school for children belonging to poor communities. These programmes include: free uniforms, concession of school passes on school buses, and the distribution of school grants to low-income families to keep children in school. Moreover, in the Government’s responses to the CRC of 2013 (CRC/C/STP/Q/2-4/Add.1), the Government indicated that in partnership with the United Nations World Food Programme and the Government of Brazil, the Government introduced the provision of one hot meal per day to students in order to reduce school drop-out. The Committee also notes from the Government’s responses to the CRC that the revision of the Education and Training Strategy established for the period 2002–17 aims to ensure primary education to all, irrespective of gender, regional and urban/rural disparities. The Government further indicates that the school attendance rates are high with 98 per cent of girls and 97 per cent of boys. Moreover, the Fast-Track Project instituted within the Structural Adjustment Programme (PASS) undertook the construction and rehabilitation of classrooms to reach the objective of universalizing free and obligatory six-year elementary school programme for children in the country. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve the functioning of the education system, by taking measures to enable children to attend and complete compulsory education and to ensure free basic education to all children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking in children. The Committee previously noted that Sao Tome and Principe was one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, which, among others, aims to develop a common front to prevent, fight and suppress trafficking in persons and to protect, rehabilitate and reintegrate victims of trafficking. The Committee once again requests the Government to provide information on the concrete measures taken following the adoption of the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, to combat the trafficking of children and to provide for the protection, rehabilitation and reintegration of child victims of trafficking.

2. Reception centres. In its previous comments, the Committee noted the Government’s information that the reception centres established in the country play an important role in removing children, especially abandoned children and street children from the worst forms of child labour. The Committee once again requests the Government to provide information on the number of children removed from the worst forms of child labour and received by the reception centres.

Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Sao Tome and Principe and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

The Committee noted the Government’s statement that there is no specific legislation in respect of the worst forms of child labour. However, it intends to include a provision on this subject in the new Labour Act. It also noted that according to the second periodic report of the Government to the Committee on the Rights of the Child (second report to the CRC) of November 2008 (yet to be examined by the Committee), a new Penal Code was elaborated and in the final stages of approval by the National Assembly (paragraph 31). The Committee expresses the firm hope that, in the context of these legislative reforms, consideration will be given and the necessary measures will be taken with regard to the following points. The Committee requests the Government to provide information on any progress made in this regard and to supply a copy of the new Labour Act and the new Penal Code, once they have been adopted.

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 noted that according to the initial report of the Government to the CRC of December 2003 (initial report to the CRC) (CRC/C/8/Add.49, paragraphs 408–412), sections 342–345 and 396 of the Criminal Code provide for penalties for the offences related to the removal, concealment, swapping, kidnapping or abduction of minors. However, no provisions appear to explicitly address the sale and trafficking of children. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take immediate measures to prohibit in the national legislation the sale and trafficking of children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory labour. The Committee noted that neither the Constitution nor the Labour Code contain any provisions prohibiting forced or compulsory labour. The Committee requests the Government to indicate the legislative provisions that prohibit forced or compulsory labour in the country.

3. Compulsory recruitment of children for use in armed conflict. The Committee noted that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee noted that according to the Government’s initial report to the CRC (paragraphs 97–98), the minimum age for compulsory military service is 18 years, though volunteers may enlist at the age of 17 years with parental consent. The Committee requests the Government to provide the text of the relevant provisions in the national legislation that prohibit the recruitment of children below 18 years for use in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted the Government’s information in its second periodic report to the CRC (paragraph 118) that the Sao Tomean penal legislation is obsolete and does not provide for certain types of crimes against children, such as the use of minors in pornographic activities. The Committee further noted that in its concluding observations (CRC/C/15/Add.235, paragraph 53) of July 2004, the CRC expressed its concern at the gradual increase of cases of prostitution and other forms of sexual abuse involving children. It also expressed concern that children in prostitution are considered by the law as criminals rather than as victims. Referring to Article 3(b) read in conjunction with Article 1 of the Convention, the Committee requests the Government to take immediate measures to prohibit in the national legislation, the use, procuring or offering of a child for prostitution, pornography and for pornographic performances. It also requests the Government to take the necessary measures to ensure that children in prostitution are treated as victims rather than as offenders.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that the Government’s report does not contain any information on this point. The Committee requests the Government to indicate the legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and to provide a copy thereof.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee noted that section 129 of Act No. 6/92 on the Legal System on Individual Working Conditions (Act No. 6/92) prohibits the employment of minors under the age of 18 in heavy work and work likely to jeopardize their health or safety as well as underground work. It also noted that overtime work (sections 44 and 135) and night work (section 134) are also prohibited for minors. Section 129(2) further stipulates that special regulations will specify the types of work prohibited to minors. The Committee requests the Government to indicate whether any regulation determining the types of hazardous work prohibited to minors has been adopted, pursuant to section 129(2) of Act No. 6/92, and if so, to provide a copy thereof.

Self-employed workers. The Committee noted that section 2(1) of Act No. 6/92 provides that it governs relations established between employers and workers within the Democratic Republic of Sao Tome and Principe. It therefore observed that Act No. 6/92 appears to apply only to those with an employment relationship. In this context, the Committee notes the information contained in a report on the worst forms of child labour in Sao Tome and Principe of 10 September 2009 (Worst Forms of Child Labour Report), available on the website of the Office of the High Commissioner for Refugees that children in Sao Tome and Principe work on plantations and in subsistence agriculture, informal commerce and domestic service. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee therefore requests the Government to indicate the manner in which children under 18 years of age who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal sector, are afforded the protection established in the Convention.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee noted that section 1 of the Labour Inspection Act defines the Labour Inspectorate as a centralized service of prevention and supervision of conditions of labour, hygiene, safety and health at work, amongst others. Section 2 of the Labour Inspection Act further states that the Labour Inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe. The Committee requests the Government to provide information on the functioning of the labour inspectorate, particularly with regard to the worst forms of child labour, including for example, extracts of reports or documents indicating the nature and extent of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee noted the Government’s statement that considering that the country is developing in the area of oil production activities as well as tourism activities, it is necessary and urgent to adopt a programme for the prevention of child labour. The Committee encourages the Government to take the necessary measures to adopt an action programme for the elimination of the worst forms of child labour. It requests the Government to provide information on any measures taken in this regard.

Article 7(1). Penalties. The Committee noted that section 147(1) of Act No. 6/92 establishes penalties of fines ranging from 5,000 dobras (STD) to STD20,000 for the breach of section 129 (prohibition on hazardous work by minors) and section 135 (overtime work by minors). In addition, section 147(2) stipulates that in the case of a breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age, a penalty of STD2,000 up to STD500,000 shall be imposed depending on the number of workers affected by the breach. The Committee noted the Government’s information that for the offences related to slavery, child prostitution and illicit activities or drug trafficking, the penalties are applied through legal channels. The Committee requests the Government to indicate the legal provisions which establish penalties for the offences under Article 3(a)–(c) of the Convention. It also requests the Government to provide information on the practical application of the penalties laid down under Act No.6/92 with regard to hazardous work by minors.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted that, according to the Government’s second report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. The report further indicated that access is practically universal for the first cycle (up to fourth grade) with a net enrolment rate (NER) of 100 per cent guaranteed by 78 schools evenly distributed throughout the country. However, the NER for the second cycle (fifth and sixth grades) decreases to half with the school coverage limited to only nine schools, normally located only in the district capitals which represents a major obstacle for the completion of mandatory education for the majority of children (paragraph 194). Most of the children drop-out after the fourth grade of school as continuation implies travelling long distances, or finding lodging in district centres (paragraph 198). It noted that according to the information from the Ministry of Education, during the 2006–07 school year the NER for the first cycle was 84.1 per cent, while the NER for the second cycle was only 51 per cent. The Committee also noted the Government’s information in its second periodic report to the CRC (paragraph 199), that with the assistance from certain civil society organizations and donors, the Government established special assistance programmes such as free distribution of uniforms, concession of school passes for school transportation, and distribution of education grants for poor children. The Government also adopted the World Bank’s Education for All-Fast Track Initiative (EFA-FTI) programme for 2008–10 specifically targeting those areas not covered by the World Bank PASS project of 2005–09 towards the attainment of Education for All by 2015 (paragraph 86). While taking note of the various measures taken by the Government, the Committee expressed concern at the very low number of schools providing the second cycle of mandatory education which results in an increase in school drop outs after fourth grade. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue pursuing its efforts to improve the access of children to the second cycle of compulsory education. It requests the Government to provide information on the measures in this regard and on the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee noted the information contained in the Worst Forms of Child Labour Report that Sao Tome and Principe is one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. It noted that this Agreement which entered into force in July 2006 aims:

• – to develop a common front to prevent, fight, suppress and punish trafficking in persons by mutual cooperation at the international level;
• – to protect, rehabilitate and reintegrate victims of trafficking;
• – to give assistance to each other in the investigation, arrest and prosecution of traffickers through the respective competent authorities of the parties; and
• – to promote friendly cooperation between the parties with a view to attaining these objectives.

The Committee requests the Government to provide information on the concrete measures taken following the adoption of the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, to combat the trafficking of children and to provide for the protection, rehabilitation and reintegration of child victims of trafficking.

Reception centres. The Committee noted the Government’s information that the Reception Centres established in the country plays an important role in removing children, especially abandoned children and street children from the worst forms of child labour. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour by the Reception Centres.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Sao Tome and Principe and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

The Committee noted the Government’s statement that there is no specific legislation in respect of the worst forms of child labour. However, it intends to include a provision on this subject in the new Labour Act. It also noted that according to the second periodic report of the Government to the Committee on the Rights of the Child (second report to the CRC) of November 2008 (yet to be examined by the Committee), a new Penal Code was elaborated and in the final stages of approval by the National Assembly (paragraph 31). The Committee expresses the firm hope that, in the context of these legislative reforms, consideration will be given and the necessary measures will be taken with regard to the following points. The Committee requests the Government to provide information on any progress made in this regard and to supply a copy of the new Labour Act and the new Penal Code, once they have been adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted that according to the initial report of the Government to the CRC of December 2003 (initial report to the CRC) (CRC/C/8/Add.49, paragraphs 408–412), sections 342–345 and 396 of the Criminal Code provide for penalties for the offences related to the removal, concealment, swapping, kidnapping or abduction of minors. However, no provisions appear to explicitly address the sale and trafficking of children. The Committee reminded the Government that by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take immediate measures to prohibit in the national legislation the sale and trafficking of children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

Forced or compulsory labour. The Committee noted that neither the Constitution nor the Labour Code contain any provisions prohibiting forced or compulsory labour. The Committee requests the Government to indicate the legislative provisions that prohibit forced or compulsory labour in the country.

Compulsory recruitment of children for use in armed conflict. The Committee noted that article 64(2) of the Constitution provides that all citizens have the duty to perform their military service under the terms envisaged by the law. The Committee noted that according to the Government’s initial report to the CRC (paragraphs 97 and 98), the minimum age for compulsory military service is 18 years, though volunteers may enlist at the age of 17 years with parental consent. The Committee requests the Government to provide the text of the relevant provisions in the national legislation that prohibit the recruitment of children below 18 years for use in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted the Government’s information in its second periodic report to the CRC (paragraph 118) that the Sao Tomean penal legislation is obsolete and does not provide for certain types of crimes against children, such as the use of minors in pornographic activities. The Committee further noted that in its concluding observations (CRC/C/15/Add.235, paragraph 53) of July 2004, the CRC expressed its concern at the gradual increase of cases of prostitution and other forms of sexual abuse involving children. It also expressed concern that children in prostitution are considered by the law as criminals rather than as victims. Referring to Article 3(b) read in conjunction with Article 1 of the Convention, the Committee requests the Government to take immediate measures to prohibit in the national legislation, the use, procuring or offering of a child for prostitution, pornography and for pornographic performances. It also requests the Government to take the necessary measures to ensure that children in prostitution are treated as victims rather than as offenders.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that the Government’s report does not contain any information on this point. The Committee requests the Government to indicate the legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and to provide a copy thereof.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee noted that section 129 of Act No. 6/92 on the Legal System on Individual Working Conditions (Act No. 6/92) prohibits the employment of minors under the age of 18 in heavy work and work likely to jeopardize their health or safety as well as underground work. It also noted that overtime work (sections 44 and 135) and night work (section 134) are also prohibited for minors. Section 129(2) further stipulates that special regulations will specify the types of work prohibited to minors. The Committee requests the Government to indicate whether any regulation determining the types of hazardous work prohibited to minors has been adopted, pursuant to section 129(2) of Act No. 6/92, and if so, to provide a copy thereof.

Self-employed workers. The Committee noted that section 2(1) of Act No. 6/92 provides that it governs relations established between employers and workers within the Democratic Republic of Sao Tome and Principe. It therefore observed that Act No. 6/92 appears to apply only to those with an employment relationship. In this context, the Committee notes the information contained in a report on the worst forms of child labour in Sao Tome and Principe of 10 September 2009 (Worst Forms of Child Labour Report), available on the website of the Office of the High Commissioner for Refugees that children in Sao Tome and Principe work on plantations and in subsistence agriculture, informal commerce and domestic service. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee therefore requests the Government to indicate the manner in which children under 18 years of age who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal sector, are afforded the protection established in the Convention.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee noted that section 1 of the Labour Inspection Act defines the Labour Inspectorate as a centralized service of prevention and supervision of conditions of labour, hygiene, safety and health at work, amongst others. Section 2 of the Labour Inspection Act further states that the Labour Inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe. The Committee requests the Government to provide information on the functioning of the labour inspectorate, particularly with regard to the worst forms of child labour, including for example, extracts of reports or documents indicating the nature and extent of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee noted the Government’s statement that considering that the country is developing in the area of oil production activities as well as tourism activities, it is necessary and urgent to adopt a programme for the prevention of child labour. The Committee encourages the Government to take the necessary measures to adopt an action programme for the elimination of the worst forms of child labour. It requests the Government to provide information on any measures taken in this regard.

Article 7(1). Penalties. The Committee noted that section 147(1) of Act No. 6/92 establishes penalties of fines ranging from 5,000 dobras (STD) to STD20,000 for the breach of section 129 (prohibition on hazardous work by minors) and section 135 (overtime work by minors). In addition, section 147(2) stipulates that in the case of a breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age, a penalty of STD2,000 up to STD500,000 shall be imposed depending on the number of workers affected by the breach. The Committee noted the Government’s information that for the offences related to slavery, child prostitution and illicit activities or drug trafficking, the penalties are applied through legal channels. The Committee requests the Government to indicate the legal provisions which establish penalties for the offences under Article 3(a) to (c) of the Convention. It also requests the Government to provide information on the practical application of the penalties laid down under Act No.6/92 with regard to hazardous work by minors.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted that, according to the Government’s second report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. The report further indicated that access is practically universal for the first cycle (up to fourth grade) with a net enrolment rate (NER) of 100 per cent guaranteed by 78 schools evenly distributed throughout the country. However, the NER for the second cycle (fifth and sixth grades) decreases to half with the school coverage limited to only nine schools, normally located only in the district capitals which represents a major obstacle for the completion of mandatory education for the majority of children (paragraph 194). Most of the children drop-out after the fourth grade of school as continuation implies travelling long distances, or finding lodging in district centres (paragraph 198). It noted that according to the information from the Ministry of Education, during the 2006–07 school year the NER for the first cycle was 84.1 per cent, while the NER for the second cycle was only 51 per cent. The Committee also noted the Government’s information in its second periodic report to the CRC (paragraph 199), that with the assistance from certain civil society organizations and donors, the Government established special assistance programmes such as free distribution of uniforms, concession of school passes for school transportation, and distribution of education grants for poor children. The Government also adopted the World Bank’s Education for All-Fast Track Initiative (EFA-FTI) programme for 2008–10 specifically targeting those areas not covered by the World Bank PASS project of 2005–09 towards the attainment of Education for All by 2015 (paragraph 86). While taking note of the various measures taken by the Government, the Committee expressed concern at the very low number of schools providing the second cycle of mandatory education which results in an increase in school drop outs after fourth grade. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue pursuing its efforts to improve the access of children to the second cycle of compulsory education. It requests the Government to provide information on the measures in this regard and on the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee noted the information contained in the Worst Forms of Child Labour Report that Sao Tome and Principe is one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. It noted that this Agreement which entered into force in July 2006 aims:

• – to develop a common front to prevent, fight, suppress and punish trafficking in persons by mutual cooperation at the international level;
• – to protect, rehabilitate and reintegrate victims of trafficking;
• – to give assistance to each other in the investigation, arrest and prosecution of traffickers through the respective competent authorities of the parties; and
• – to promote friendly cooperation between the parties with a view to attaining these objectives.

The Committee requests the Government to provide information on the concrete measures taken following the adoption of the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, to combat the trafficking of children and to provide for the protection, rehabilitation and reintegration of child victims of trafficking.

Reception centres. The Committee noted the Government’s information that the Reception Centres established in the country plays an important role in removing children, especially abandoned children and street children from the worst forms of child labour. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour by the Reception Centres.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Sao Tome and Principe and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.