Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that Gabon had undertaken to carry out the work of harmonizing the legislation prohibiting the trafficking of children in the context of the Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (IPEC/LUTRENA). In this respect, the Committee notes that, despite the economic and financial difficulties experienced by the country, the Government has adopted a number of measures to prohibit and eliminate the sale and trafficking of children for economic and sexual exploitation. It notes with interest the adoption of two new decrees, namely Decree No. 007141/PR/
MTE/MEFBP of 22 September 2005 (hereinafter Decree 007141), establishing penalties for offences in the fields of labour, employment, occupational safety and health and social security and Decree No. 0024/PR/MTE of 6 January 2005 (hereinafter Decree 0024), establishing the conditions for supervision, searches and investigations with a view to preventing and combating the trafficking of children in the Republic of Gabon. The Committee requests the Government to provide copies of Decree 007141 and Decree 0024.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. The Committee noted in previous comments that a Council to Prevent and Combat the Trafficking of Children, an administrative body, had been established specializing in preventing and combating the trafficking of children. It requested the Government to provide information on the work of the Council. The Committee notes the information provided by the Government to the effect that the Council is composed of representatives of employers’ and workers’ organizations. The Council is responsible for detecting cases of the trafficking of children, identifying victims, removing the victims from their situation of exploitation, protecting their rights, promoting information and awareness raising with a view to preventing this scourge and, finally, replicating the action of the Council at the provincial level. The Committee requests the Government to continue providing information on the work of the Council to Prevent and Combat the Trafficking of Children, including a copy of its annual report.

2. Labour inspection. The Committee notes the Government’s indication that, under the terms of section 4 of Decree 007141, a labour inspector may impose penalties directly in the case of offences relating to the trafficking of children. The Committee requests the Government to provide information on the measures taken in relation to the implementation of the Decree to enable labour inspectors to discharge their duties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the efforts made by the Government with a view to the implementation of Phases III and IV of the IPEC/LUTRENA project. It encourages the Government to pursue its efforts to combat the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that sections 4 and 5 of Act No. 09/2004 of 21 September 2004, to prevent and combat the trafficking of children in the Republic of Gabon (Act No. 09/2004), provide for prevention measures, including the organization of awareness-raising and information campaigns among families and children, with the participation of legally recognized non-governmental organizations (NGOs) and civil society. The Committee also noted that, according to the information on the IPEC/LUTRENA project available to the Office, around 90 children had been prevented from becoming victims of sale or trafficking. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the application, in practice, of sections 4 and 5 of Act No. 09/2004, particularly in relation to the measures adopted to prevent children from becoming victims of sale and trafficking for economic and sexual exploitation.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Reception centre and medical and social assistance for child victims of trafficking. The Committee noted previously that section 5 of Act No. 09/2004 provides for the establishment of specific medical and social assistance for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. The Committee also noted that, according to the information on the IPEC/LUTRENA project available to the Office, some 75 child victims of trafficking had been removed from this worst form of child labour. It also noted that these children had benefited from medical and social services and guidance, and that some of them had been returned to their families. The Committee requested the Government to provide information on the effect given in practice to section 5 of Act No. 09/2004. The Committee notes that the Government has not provided any information on this point. However, it notes the Government’s indication that a manual of procedures for dealing with child victims of trafficking has been prepared. The Committee therefore requests the Government to provide information on the effect given in practice to this manual of procedures and to provide a copy. It also requests the Government to provide information on the application and impact in practice of section 5 of Act No. 09/2004, particularly with regard to: (1) the number and location of the reception centres for child victims of trafficking which have been established in the country to receive child victims of trafficking who have been removed from this worst form of child labour; and (2) the specific medical and social assistance programmes formulated and implemented for child victims of trafficking, particularly with regard to the measures taken to ensure their rehabilitation and social integration following their removal from this worst form of child labour.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes that the Government has not provided any information on this matter. It recalls that education is one of the most effective means of combating child labour, and particularly its worst forms. The Committee once again urges the Government to provide information on the measures established in the context of the IPEC/LUTRENA project to enable child victims of trafficking who are removed from this worst form of child labour to have access to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted the Government’s indication that a system of dialogue had been established between Gabon and the countries of origin of child workers with a view to the elimination of the trafficking of children. It requested the Government to provide additional information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly on whether exchanges of information had led to the identification and arrest of persons involved in networks engaged in the trafficking of children. The Committee once again notes that the Government has not provided any information on this subject. It therefore once again urges the Government to provide information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly whether exchanges of information have led to: (1) the identification and arrest of persons involved in networks engaged in the trafficking of children; and (2) the detection and interception of child victims of trafficking in frontier areas.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that section 14 of Act No. 09/2004 provides that officers of the judicial police and public officials in the Ministry for the Family and the Protection of Children and the Ministry of Labour and Employment may undertake the investigations, controls and searches necessary for its application. The Committee requested the Government to provide information on the application of Act No. 09/2004 in practice. The Committee notes the Government’s indication that Decree 0024 was adopted under section 14 of Act No. 09/2004 and establishes the conditions for investigations, controls and searches in the field of the trafficking of children. It requests the Government to provide information on the measures adopted for the implementation of the provisions of this Decree with a view to protecting child victims of trafficking or removing them from this worst form of child labour, such as increasing the numbers of police officers on the land, maritime and air frontiers, the establishment of common patrols on national borders and the opening of transit centres on borders with neighbouring countries. It also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied.

A request on other points is also being addressed directly to the Government.