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

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Referring to its previous comments, the Committee notes the Government’s indication that section 147 of the Audiovisual, Cinematographic and Written Communication Code provides that public or private cinema production enterprises shall especially protect children and young persons. The Committee requests the Government to indicate the manner in which section 147 of the Audiovisual, Cinematographic and Written Communication Code allows, in practice, persons who use, procure or offer a child under 18 years of age for the production of pornography or for pornographic performances to be prosecuted and have criminal charges brought against them.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to provide information on the measures adopted to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. In its report, the Government indicates that the Penal Code provides for heavier penalties where the use of drugs by young persons under 18 years of age has been facilitated or where these products have been offered or given to minors. The Committee points out that the Convention prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. The Committee therefore requests the Government to take the necessary measures to prohibit and criminalize this worst form of child labour, in accordance with Article 3, paragraph (c), of the Convention.

Clause (d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that the provisions of the Labour Code, particularly those relating to the admission of children to hazardous types of work, only apply to workers who “have undertaken to place their occupational activity, in return for remuneration, under the direction and authority of another natural or legal person, whether public or private”. The Committee also noted the Government’s indication that the exploitation of children for economic purposes only occurs in the informal sector. It requested the Government to indicate the measures taken to ensure the protection of self-employed workers under 18 years of age against hazardous work.

The Committee notes that it emerges from the discussion which took place within the Committee on the Application of Standards in June 2007 that the extent of child labour in the informal economy is worrying. In 2004, it was estimated that 95 per cent of the 25,000 children working in Gabon were in the informal economy. The Committee notes that it also emerges from the discussion which took place within the Committee on the Application of Standards that foreign children living in Gabon are very often used in the informal economy as domestic workers, street vendors and beggars. The Committee also notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to expand the authority of the labour inspection services in enforcing the law.

In its report, the Government indicates that awareness-raising campaigns have been organized with NGOs and certain workers’ organizations in order to explain to society, including self-employed workers, the risks inherent in certain types of work and the worst forms of child labour. While duly noting this information, the Committee points out that awareness-raising measures, as important as they are in combating the worst forms of child labour, have to be combined with other protection measures. The Committee therefore requests the Government to indicate the manner in which children under 18 years of age benefit from the protection provided for in Article 3, paragraph (d), of the Convention against being employed in hazardous work. Referring to the conclusions of the Committee on the Application of Standards, the Committee urges the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure this protection.

Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. Referring to its previous comments, the Committee notes the Government’s indication that the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 has not yet been revised. It also notes the information provided by the Government that, when revising the Decree, it will take into account the relevant ILO instruments, including Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and will consult the employers’ and workers’ organizations. The Committee requests the Government to provide a copy of Decree No. 275 of 5 November 1962 as soon as it has been revised and to provide information on the consultations which will have been held with the employers’ and workers’ organizations.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). 1. Children at special risk. HIV/AIDS orphans. The Committee previously noted that, according to the information contained in the report on the global HIV/AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 20,000 children are HIV/AIDS orphans in Gabon. It requested the Government to take measures to protect HIV/AIDS orphans from the worst forms of child labour. The Committee notes that, according to the information contained in the fact sheet on HIV and AIDS of 2008 produced by UNAIDS and the World Health Organization (WHO), there are around 18,000 HIV/AIDS orphans in Gabon. It also notes that, according to this fact sheet, measures have been taken in favour of orphans and vulnerable children (OVC), which have included support in kind, such as food and school supplies. Furthermore, a new national strategic plan on HIV (2008–12) is in the process of being drawn up. The Committee notes, however, that, according to the information contained in the fact sheet on HIV and AIDS of 2008 by UNAIDS and the WHO, it is necessary to intensify the action already initiated in favour of OVCs, in particular with regard to the continued provision of support in kind, especially with regard to nutritional, educational and psychological matters, and a framework for the care of orphans and other vulnerable children should be established.

While noting the reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expresses concern at the number of children who are still affected by the epidemic in the country. It observes that HIV/AIDS has negative consequences on HIV/AIDS orphans and that there is a greater risk of them becoming engaged in the worst forms of child labour. The Committee urges the Government to step up efforts to protect these children and requests it to provide information on the specific time-bound measures taken, in particular in the context of the implementation of the new national strategic plan on HIV (2008–12), to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children and child domestic workers. In its previous comments, the Committee noted that, according to the information available to the Office, many children live or work in the streets or are engaged in domestic work in Gabon. It requested the Government to provide information on the measures taken to protect these children from the worst forms of child labour. Noting that the Government’s report does not contain any information in this regard, the Committee once again notes that children living or working in the streets or engaged in domestic work are particularly exposed to the worst forms of child labour. It therefore requests the Government to take time-bound measures to protect these children against the worst forms of child labour. It also requests it to provide information on the measures taken in this regard.