Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee had previously noted with interest the adoption of the Human Trafficking Act of 2005. The Committee notes the Government’s statement that it has enacted the Labour Regulations of 2007. The Committee notes with interest that according to section 21(2) of the Labour Regulations, an employer shall not employ a trafficked person or a victim of trafficking as defined by the Human Trafficking Act of 2005. Furthermore, section 26 makes it an offence to use or re-engage the services of a victim of trafficking. The Committee requests the Government to provide information on the application of the Human Trafficking Act of 2005 as well as the new Labour Regulations of 2007 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for trafficking children under 18 years of age for labour or commercial sexual exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. The Committee notes the Government’s reference to section 91(1) of the Children’s Act which prohibits the engagement of children below 18 years in hazardous work. According to section 91(2), a work is hazardous when it poses a danger to the health, safety or morals of a person, and further provides under subsection (3) a list of types of hazardous work which among others include, work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. The Committee notes the Government’s indication that it has envisaged to review and update as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention. The Committee hopes that as part of the revision of section 91 of the Children’s Act, measures will be taken expressly to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and that appropriate penalties will be adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously observed that the national legislation does not contain provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs and had requested the Government to take the necessary measures to that end. The Committee notes the absence of information on this point in the Government’s report. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee, therefore, once again requests the Government to take the necessary measures to prohibit in the national legislation, the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. “Combating trafficking in children for labour exploitation in West and Central Africa” (LUTRENA 2002–07). The Committee notes that, according to the report entitled “Good practices and lessons learnt in Ghana, February 2008” following the implementation of the ILO/IPEC/LUTRENA project on combating trafficking in children for labour exploitation in West and Central Africa 2002–07, the following results were achieved:

(i)      reduced child vulnerability to trafficking through school enrolment – 45 per cent of boys and 55 per cent of girls were enrolled in school by December 2007;

(ii)      an estimated 3,000 children (at least 45 per cent girls) in and out of school were reached with information on the need to attend school;

(iii)     600 parents were sensitized on the need to send their children to school;

(iv)     at least 900 child victims of trafficking or at risk children were enrolled at school;

(v)     570 parents of the beneficiary children were trained in various vocational skills;

(vi)     community surveillance teams were set up to monitor enrolment and retention of children in schools;

(vii)    school performance and learning environment were improved by providing learning and recreational materials to 1,500 girls and 1,000 boys; and

(viii)   2,500 children were retained in schools by providing them with school uniforms and books.

The Committee also notes that the next phase of this project, entitled “Subregional project on Combating Trafficking in Children for labour exploitation in West Africa” has started in May 2008 and will continue until December 2009. The Committee requests the Government to provide information on the implementation of the “Subregional project on Combating Trafficking in Children for labour exploitation in West Africa” 2008–09 and the results achieved.

2. National Plan of Action to Combat Human Trafficking. The Committee notes the Government’s information that the Ministry of Women and Children’s Affairs (MWCA) has drafted a National Plan of Action to Combat Human Trafficking entitled “Trafficking in Persons Must End”. The overall aim of this national plan of action is to outline a consolidated and coordinated programme of action to combat human trafficking in Ghana, and covers the following areas: research and data collection; information and awareness raising; legal framework and policy development; training; prevention; law enforcement; rescue, rehabilitation and reintegration; institutional arrangement and international cooperation; and monitoring and evaluation. The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Human Trafficking entitled “Trafficking in Person Must End” and the results achieved.

3. National programme for the elimination of worst forms of child labour in the cocoa industry. The Committee notes the Government’s statement that the National Programme for the elimination of the worst forms of child labour in the cocoa industry, which started in 2006, aims to eliminate the worst forms of child labour in the cocoa subsector by 2011 and to eliminate the worst forms of child labour in other sectors of the economy by 2015. This programme would cover 67 cocoa growing districts which is equivalent to 43 administrative districts of the country. The Committee requests the Government to provide information on the implementation of the national programme for the elimination of the worst forms of child labour in the cocoa industry, and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Ghana national Time-bound Programme. The Committee had previously noted that the Government with the support of ILO/IPEC launched the Ghana national Time‑bound Programme (TBP) 2005–09 for the elimination of the worst forms of child labour. The Committee notes the Government’s information that this TBP has so far withdrawn a total of 4,441 children from the selected worst forms of child labour; prevented 6,915 children from entering into the worst forms of child labour; enrolled 7,223 children at risk to formal schools and vocational training institutions, and provided economic assistance to 1,547 families having children who are at risk of entering the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Capitation grant scheme and school feeding programme. The Committee notes the Government’s information that the School Feeding Programme (SFP) initiated by the Government seeks to provide each primary school child with a decent, nutritious and well-balanced meal on each school attendance day. It also notes the Government’s information that it had been implementing this programme in 975 schools and a total of 540,000 pupils in primary schools have been benefitting from this programme. The Committee further notes the Government’s information that SFP has resulted in an increase in school enrolment of 20 per cent and that school attendance has increased to 85 per cent. The Government further states that this programme aims to reach two million primary school children by 2010. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/GHA/CO/2, 17 March 2006, paragraphs 59 and 60) while acknowledging the remarkable improvement in the field of education, through the introduction of free and compulsory schooling, the capitation grant scheme and the school feeding programme, expressed concern at the persisting 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 strongly encourages the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children, irrespective of their gender or regional disparities, have access to quality education.

2. Trokosi system. Following its previous comments, the Committee notes the Government’s information that the Ritual Servitude Trokosi project by International Needs (Ghana) in the Akatsi District of the Volta region has withdrawn 676 children (284 boys and 392 girls). It also notes the Government’s statement that the project entitled “Children in Tourism in Cape Coast and Elmina in the Central Region” has withdrawn 346 children (189 males and 157 females) from the worst forms of child labour. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/GHA/CO/2, 17 March 2006, paragraphs 55 and 56) expressed concern at the persistence of the harmful traditional practices such as Trokosi, and recommended the State party to introduce sensitization programmes for practitioners and general public to change and prohibit the traditional and harmful practices and also to empower young girls through quality education which enhances life skills. The Committee requests the Government to redouble its efforts to prevent the engagement of children into this ritual servitude called Trokosi and to indicate the results achieved. It further requests the Government to continue providing statistical information on the number of children under 18 years who are, in practice, removed from Trokosi and rehabilitated.

3. Child trafficking. Following its previous comments, the Committee notes the Government’s statement that in order to prevent and eliminate child trafficking, the MWCA has embarked on public awareness campaigns and sensitization programmes on the Children’s Act of 1998 and the Human Trafficking Act of 2005 to the media and public, in particular the fishing communities and coastal areas where trafficking of children is rampant. It also notes that the MWCA has set up a microcredit scheme to provide financial assistance to the parents of vulnerable children to undertake economic activities and thereby to prevent them from allowing their children to be trafficked. Moreover, a Human Trafficking Secretariat and a Human Trafficking Management Board (HTMB) has been established pursuant to the provisions of the Human Trafficking Act of 2005. According to the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), dated 24 September 2008, the HTMB is entrusted with the following mandate:

–      to make recommendations for a national plan of action against human trafficking;

–      to monitor and report on the progress of the national plan of action;

–        to advise the Minister of the MWCA on policy matters;

–      to provide assistance for the investigation and prosecution of trafficking cases;

–      to propose and promote strategies to prevent and combat trafficking in persons;

–      to liaise with the Government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking; and

–      to conduct research on international and regional developments and standards on trafficking in persons.

The Committee notes the Government’s information that, since 2006, 642 children trafficked to work in the fishing communities along the Volta Lake have been rescued. The Committee requests the Government to provide information on the implementation of the measures taken by the Ministry of Women and Children’s Affairs to remove child victims from trafficking, and the results achieved. It also requests the Government to provide information on the measures taken for their rehabilitation and reintegration.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s indication that the Department of Social Welfare, under the Ministry of Manpower, Youth and Employment, has taken measures to register HIV/AIDS orphans under the national health insurance scheme. It notes the Government’s statement that through the Livelihood Empowerment and Assistance Programme (LEAP), monetary assistance and subventions are being provided to the children’s homes, orphanages and other caretakers of the orphans for the upkeep and education of the orphans. The Committee further notes the Government’s statement that the LEAP programme, which was piloted in 21 districts, has now been extended to 50 districts across the country. The Committee notes, however, that according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in July 2008, over 160,000 children aged below 17 years are HIV/AIDS orphans in Ghana. The report further indicates that only 2 per cent of the orphans are attending school, and 1.04 per cent of children affected by HIV/AIDS are provided with assistance. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular, by increasing their access to education. It also requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (e). Taking account of the special situation of girls. 1. Kayaye girls; girl child labour in commercial sexual exploitation; and girl child in domestic labour. The Committee notes the Government’s information that the ILO/IPEC project on the prevention of Kayaye in the northern region implemented by the Regional Advisory Information and Network Systems (RAINS) resulted in the withdrawal of 416 children (411 girls and five boys). It also notes that the project on Child Domestic Servitude in the Kumasi Metropolis of the Ashanti region, implemented by the Youth Development Foundation, withdrew a total of 386 children (292 girls and 94 boys) from domestic servitude. The Committee further notes the Government’s indication that about 40 per cent of the children withdrawn were integrated with both the parents, 27.3 per cent with mothers alone, 5.2 per cent with fathers alone, and 16.9 per cent were integrated with their foster parents. The Committee requests the Government to continue its efforts to eliminate the cultural practice of Kayaye and child domestic servitude and to provide assistance for the rehabilitation and reintegration of former child victims. It also requests the Government to continue providing information on the number of children withdrawn and rehabilitated.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted the Government’s indication that the high levels of poverty and unemployment, lack of capacity building and logistics for labour inspection supervision, and non-enforcement of laws are the major difficulties encountered with respect to the practical application of the Convention. The Committee notes the Government’s information that it has helped the Labour Department and the Department of Factories and Inspectorate, through human resource development and the provision of logistics and equipment, to increase the capacities of these departments. It also notes the Government’s indication that these two departments are currently undergoing needs assessment and organizational rearrangement to meet their requirements in labour inspection duties. The Committee further notes that the Government has enhanced its commitment to enable the staff of these departments to undertake some of the training courses run by the ILO/ARLAC (African Regional Labour Administration Centre) to enhance their capacities aimed at providing effective labour inspection.

Article 8. International cooperation and assistance. Multilateral Cooperation Agreement to Combat Trafficking. The Committee had previously noted that Ghana, along with 26 other countries, had signed a multilateral agreement and a joint plan of action to combat child trafficking in Abuja, Nigeria, on 7 July 2006. It had requested the Government to provide information on the measures adopted under this agreement to specifically deal with child trafficking and for the rehabilitation and reintegration of child victims of trafficking. The Committee notes the absence of information on this point. The Committee notes the Government’s information that a draft Bilateral Agreement of Cooperation to Combat Child Trafficking between Ghana and Gambia has been developed. The MWCA has envisaged to adopt the following measures under this agreement: to provide safe shelter, food and health care, counselling and schooling or vocational training for the victims of trafficking; and to provide financial assistance to the parents of the child victims of trafficking to undertake economic activities. The Committee once again requests the Government to provide information on the measures adopted under the multilateral agreement signed in Nigeria on 7 July 2006, to specifically deal with child trafficking and for the rehabilitation and reintegration of child victims of trafficking.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Department of Social Welfare registered 12 cases of trafficking on 2007, out of which five cases were investigated, four cases were prosecuted and only one convicted. It also notes the Government’s information that an Anti-Human Trafficking Unit has been established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This unit, which receives complaints on human trafficking, is entrusted to investigate, arrest and prosecute the offenders under the Human Trafficking Act of 2005. According to the statistics provided by the Anti-Human Trafficking Unit, nine cases of trafficking, involving a total of 75 victims, were registered in 2008. The Committee further notes the Government’s information that the major obstacle encountered in the investigation and prosecution of trafficking cases was lack of evidence to prosecute traffickers as witnesses are unwilling to testify due to traditional beliefs and practices that discourage witnesses and their families from coming forward to testify. The Committee requests the Government to indicate how many of the trafficking cases registered with the Department of Social Welfare and Anti-Human Trafficking Unit in 2008 involved children under 18. It further requests the Government to indicate the number of prosecutions, convictions and penalties applied in these cases.