Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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. With reference to its previous comments, the Committee notes that, even though section 147 of the Code of Audiovisual, Cinematographic and Written Communication provides that public or private cinema production enterprises must take particular care to ensure the protection of children and young persons, no provision prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee urges the Government to take immediate and effective steps to ensure that children under 18 years of age enjoy the protection afforded by the Convention against this worst form of child labour, and requests it to provide information in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Further to its previous comments, the Committee notes the Government’s indication that, under section 177 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in illicit work, which is considered to belong to the worst forms of child labour. However, the Committee observes that section 177 refers to the prohibition of work which, by its nature or the circumstances in which it is performed, is likely to jeopardize the health, safety or morals of children and does not refer explicitly to the use, procuring or offering of a child for illicit activities. The Committee requests the Government to take the necessary steps as a matter of urgency to ensure that 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, is prohibited in the legislation. It requests the Government to provide information on all progress made in this respect.

Article 4(1) and (3). Hazardous types of work and determination and revision of such types of work. Further to its previous comments the Committee notes with interest that section 177 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010 states that children under 18 years of age may not be employed in work considered as the worst forms of child labour, particularly work which, by its nature or the circumstances in which it is performed, is likely to harm their health, safety or morals. It notes that, under this provision, the list of types of work and categories of enterprise prohibited for young persons, and also the age limit to which the prohibition applies, is determined by a decree adopted in the Council of Ministers after consultation of the employers’ and workers’ organizations. The Committee notes the Government’s indication that the list of hazardous types of work determined by Decree No. 275 of 5 November 1962 is still in force. It also notes that no consultations have taken place with the employers’ and workers’ organizations with a view to revising this list. It reminds the Government that, under the terms of Article 4(3) of the Convention, the list of hazardous types of work must be periodically examined and revised as necessary, in consultation with the employers’ and workers’ organizations concerned. Noting the recent amendment of section 177 of the Labour Code, the Committee requests the Government to indicate whether it is contemplating the adoption of measures aimed at revising the list of hazardous types of work, as determined by Decree No. 275 of 5 November 1962.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the information contained in the 2008 factsheet on HIV and AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 18,000 HIV/AIDS orphans in Gabon. According to this factsheet, measures have been taken in favour of orphans and vulnerable children (OVCs), which have included support in kind, such as food and school supplies. In addition, a new National Strategic Plan on HIV (2008–12) was being drawn up.

The Committee notes that the Government’s report does not contain any information on the measures taken as part of the implementation of the new National Strategic Plan on HIV. The Committee urges the Government to step up its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour and again requests it to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–12).

2. Street children. Further to its previous comments, the Committee notes the Government’s indication that it is currently conducting a study on street children in the context of the new national policy to combat child labour. According to the Government, the results of this study will make it possible to identify these children and encourage them to take up vocational training opportunities. The Committee requests the Government to supply further information on the measures taken or contemplated to protect street children against the worst forms of child labour as part of the new national policy to combat child labour, and requests it to send a copy of the study concerning street children.

3. Child domestic workers. With reference to its previous comments, the Committee notes the Government’s indication that the situation of child domestic workers remains a source of concern, in view of the fact that these children work in private houses and are therefore hidden from view. Nevertheless, the Government’s report states that action taken to prohibit the worst forms of child labour limits the number of cases of abuse. In view of the fact that child domestic workers are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take immediate and effective steps to protect child domestic workers from the worst forms of child labour and provide information on the specific measures taken in this regard, taking account of the special situation of girls.