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

The Committee notes the Government’s first report. The Committee notes 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 notes 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 notes 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 reminds 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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 observes 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 (www.unhcr.org) that children in Sao Tome and Principe work on plantations and in subsistence agriculture, informal commerce and domestic service. It reminds 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 notes 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 notes 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 notes 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 notes 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 notes 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 indicates 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 notes 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 notes 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 expresses 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. 1. Trafficking in children. The Committee notes 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 notes 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.

2. Reception centres. The Committee notes 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.