Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Gambia (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60) at the high number of child beggars, referred to as almudus, who are scholars under the guardianship of religious Islamic education teachers called marabouts. It therefore requested the Government to identify and provide the text of any legislation to prohibit the use, procuring or offering of a child in illicit activities, in particular, the use of children in begging.

The Committee notes with interest that according to section 19 of the Children’s Act of 2005, a child (defined in section 2 as a person under the age of 18 years) shall not be subjected to any social and cultural practices that affect the welfare, dignity, normal growth and development of the child, and in particular those customs and practices that are; (a) prejudicial to the health and life of the child; and (b) discriminatory to the child on the grounds of sex or other status. Moreover, as per section 75 of the Children’s Act, a person with information on child abuse, or a child in need of care and protection shall report the matter to the Department for Social Welfare or the police station. According to section 76(g) and (h) of the Children’s Act, a child is in need of care and protection if that child is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises or place for purpose of begging or receiving; or accompanies any person when that person is begging or receiving alms.

Article 5. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee notes the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also notes the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCS) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It notes the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee notes the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also notes the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children-2004 (NPA-CSEC). The Committee notes the Government’s information that the NPA-CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA CSEC II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences related to the trafficking of children, slave dealing, using, procuring or offering of children for prostitution, the production of pornography, pornographic performances, the production and trafficking of drugs and trafficking for use in armed conflict, as well as penalties under the Labour Code for the breach of provisions related to the employment of children. The Committee notes the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

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 the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also notes the statistical information on the school enrolment and drop out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grade 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the CRC, in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee notes the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefitted from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee notes the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in Centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also notes the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It notes the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee requests the Government to provide information on the number of street children who have been removed from the worst forms of child labour and rehabilitated in the shelter for children and at drop-in centres. It also requests the Government to provide information on the outcome of the study conducted on street children by the DOSW and on the measures taken thereafter for the protection of street children.

Child beggars called almudus. The Committee notes that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further notes that according to the International Trade Union Confederation (ITUC) Report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. The Committee requests the Government to provide information on the number of child beggars called almudus who have been provided services at the drop-in centre.

Article 8. International Cooperation. Following its previous comments, the Committee notes the Government’s information that the Multilateral Agreement to Combat Trafficking in Persons allows for the prosecution of persons involved in the trafficking of children either in the country of origin or destination country. Furthermore, the agreement makes it mandatory for mutual legal assistance to be provided between states in gathering evidence to prosecute human traffickers. It also notes the Government’s indication that through this Multilateral Agreement, the DOSW was able to receive 37 Gambian children who were trafficked to Senegal and Guinea-Bissau and over 15 children within Gambia were prevented and removed from the worst forms of child labour. These children were reintegrated with their families and were provided with micro-credit support as well as support for their education, health and basic needs for the two years to follow. It also notes that the DOSW removed and repatriated 22 children from Gambia to Senegal, Mali, Guinea-Bissau and Guinea Conakry who were engaged in the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, 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. To the extent possible, all information provided should be disaggregated by sex and age.