Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C182

Observation

Direct Request

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Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. In its previous comments, the Committee noted that, according to the information contained in a 2006 UNICEF report entitled “Trafficking in human beings, in particular women and children, in West and Central Africa”, a number of children, particularly girls, are victims of internal and cross-border trafficking, for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that the Government had brought the national legislation relating to the sale and trafficking of children into line with the Convention. However, it observed that, according to the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), even though policies and laws existed to protect children against trafficking and several structures had an operational mandate in this area, legislation was not regularly enforced and coordination was weak, and for this reason trafficking was a major threat to children in the country. It also noted that 11 court cases were in progress, most of which had been referred to the Office of the Public Prosecutor.

The Committee notes the Government’s indication that decisions on the 11 court cases have not yet been handed down. The Committee also notes the Government’s indication that a police operation was undertaken from 6 to 15 December 2010 with the collaboration of Interpol, during which over 38 presumed traffickers were arrested. The police forces also arrested two men of foreign nationality who were presumed to have engaged in trafficking in children. In January 2012, a woman of foreign nationality was arrested for the ill-treatment and forced labour of six children. The Government adds that prosecutions have been initiated in relation to all of these arrests.

The Committee notes that the United Nations Special Rapporteur on trafficking in persons visited Gabon in May 2012. The Committee notes the preliminary conclusions of the mission of the Special Rapporteur, in which she observes that it is alarming that up to now no case relating to trafficking has been judged by the criminal courts, which contributes to the impunity enjoyed by traffickers who engage in illicit and clandestine operations. The Special Rapporteur therefore recommends that the performance of the courts needs to be improved to ensure the rapid examination of cases of trafficking through regular sittings of the criminal court. The Committee expresses concern at the fact that the prosecutions of those who are presumed to be responsible for trafficking in children in Gabon do not appear to be dealt with by the national courts in good time. The Committee once again urges the Government to take the necessary measures to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force and to ensure the speedy determination of trafficking cases in the courts. In this respect, it once again requests the Government to provide specific information with its next report on the application of the provisions relating to this worst form of child labour, including statistics on the number of convictions and penalties imposed, as well as copies of the court decisions relating to the cases referred to the Office of the Public Prosecutor.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. In its previous comments, the Committee once again requested the Government to provide information on the operation of the Council and the watchdog committees entrusted with preventing and combating trafficking in children.

The Committee notes the Government’s indications that the Council to Prevent and Combat the Trafficking of Children is an administrative authority under the responsibility of the Ministry of Human Rights. In practice, the monitoring of the phenomenon of trafficking is ensured by a Monitoring Committee and watchdog committees. The Monitoring Committee is the national focal point to combat trafficking in children and is competent to assist the Council in its functions and for the implementation of its decisions. At the national level, the Monitoring Committee is entrusted with coordinating the formulation and implementation of the national strategy to combat trafficking in children. At the international level, the responsibilities of the Monitoring Committee include the establishment of bilateral cooperation and judicial assistance mechanisms for the protection of child victims of trans-border trafficking. The watchdog committees, which were created in 2004 in the context of the ILO/IPEC/LUTRENA project, are responsible for monitoring and combating trafficking in children for their exploitation within the country. The Monitoring Committee is the body responsible for planning and coordinating the activities of the watchdog committees in the seven provinces where they are currently operational. The watchdog committees are composed of two bodies, namely: (1) the intervention unit, which is responsible for detecting and repressing trafficking in children; and (2) the support unit, which provides aid and assistance to child victims of trafficking. The Government adds that, in the context of the “Bana” operation in December 2010, around 20 children were identified and removed from trafficking as a result of the action of the watchdog committees.

The Committee takes due note of the structures that exist to combat trafficking in children. However, it notes that, in her preliminary conclusions on her mission to Gabon, the Special Rapporteur on trafficking in persons observes that the coordination of action against trafficking remains weak, particularly among public institutions and between the central administration and local communities. The Committee, therefore, requests the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee, so as to ensure the application of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress achieved in this respect. It also asks the Government to continue providing information on the number of child victims of trafficking identified and protected by the watchdog committees.

2. Labour inspection. The Committee noted previously that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005, the labour inspector may immediately draw up a notification of any violations relating to the trafficking of children. It noted that the Conference Committee on the Applications of Standards, in its conclusions in June 2007, asked the Government to strengthen the authority of the labour inspection services to enforce the law and to increase their human and financial resources. The Committee on the Application of Standards further asked the Government to ensure that regular inspections are carried out by the labour inspectorate. In this respect, the Committee noted that, under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors are required to report any evidence of the exploitation of children for the purposes of labour. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide statistics on the number of violations reported by the labour inspectorate involving children under 18 years of age engaged in any of the worst forms of child labour, particularly in the informal sector. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation are given an initial medical examination a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, are hospitalized. In addition, with a view to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists and benefit from social and educational activity programmes and administrative and legal support in association with the Monitoring Committee and the watchdog committees. The Committee also noted that children removed from trafficking are, during their stay in the centres, enrolled free of charge, according to their age, in state schools in which they enjoy the same advantages as other children. Those who are no longer of school age are enrolled in literacy centres.

The Committee notes the information provided by the Government concerning the “National manual of procedures for the care of child victims of trafficking”, which sets out a series of procedures and duties required of all actors called upon to play a role in the return of child victims of trafficking to their country of origin or their social integration. The Government indicates that in 2011 the Monitoring Committee trained social workers with a view to providing them with sound knowledge of the rules contained in the manual on the identification and removal of victims of trafficking, and on their administrative and psycho-social care. The Government adds that the administrative authorities have identified around ten victims, who have received care in reception centres, and that ten children (one boy and nine girls) have been repatriated with the collaboration of their countries of origin. However, the Committee notes that, according to the Special Rapporteur on trafficking in persons, although the Government offers victims of trafficking access to reception centres, there is a discrepancy between those who need assistance and those who actually receive it in public reception centres, which only take in children under the age of 12 years. The Committee, therefore, firmly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and requests it once again to provide information on the number of children under 18 years of age who have in practice been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee emphasized previously that, during the discussion which took place in the Conference Committee on the Application of Standards in June 2007, the Government representative indicated that consideration was being given to the possibility of taking steps to increase the number of police officers at land, maritime and aerial borders, using joint border patrols and opening transit centres at these borders. It noted that the Government had signed the Multilateral Regional Cooperation Agreement against the Trafficking of Children in West and Central Africa in July 2006 (the 2006 Regional Cooperation Agreement), and that a bilateral agreement relating to trafficking in children was being negotiated with Benin. The Committee requested the Government to continue providing information on the measures taken to give effect to the 2006 Regional Cooperation Agreement and expressed the hope that the bilateral agreement on trafficking in children with Benin would be concluded in the near future.

The Committee notes the absence of information on this point in the Government’s report. However, it observes that, although the Special Rapporteur on trafficking in persons, in her preliminary conclusions, welcomes the Government’s intention to sign bilateral agreements on trafficking in persons with several neighbouring countries, the conclusion of memoranda of understanding has not yet taken place in practice. The Special Rapporteur observes that, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon is in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. The Committee, therefore, firmly encourages the Government to intensify its efforts to ensure that bilateral agreements on trafficking in persons, with Benin and other neighbouring countries, are concluded in the very near future, particularly with a view to strengthening the numbers of border police. It requests the Government to provide information in its next report on the progress achieved in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the lack of recent statistics on trafficking in children in the country was emphasized in the discussion in the Committee on the Application of Standards in 2007. In this respect, the Government representative indicated that the Government would carry out an analysis of the national situation concerning trafficking in children in Gabon and a mapping of trafficking routes and areas in which forced labour involving children was practiced would be carried out as soon as the necessary resources allowed.

The Committee notes the Government’s indication that it will present the study on the situation of trafficking in children as soon as it has been conducted. It also notes the Government’s indications that Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012, with a view to creating a guidance tool for measures intended to help the Government to follow trends in the problems related to the rights of the child. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 organizing the social assistance and family protection implementation scheme, is intended to ensure the availability on a permanent basis in Gabon a database of precise statistics on child protection.

However, the Committee notes the remark by the Special Rapporteur on trafficking in persons, in her preliminary conclusions, that she had noted in Gabon the absence of a corpus of reliable national data for the determination of the prevalence rate, forms, trends and manifestations of trafficking in persons.

Observing that the Government has been referring to the study on the situation of trafficking in children in Gabon for several years, the Committee urges it to take the necessary measures to ensure that the study on the situation of trafficking in children in Gabon is undertaken in the very near future, and requests the Government to provide information in its next report on the progress achieved in this respect. The Committee also requests the Government to provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 18 years of age engaged in the worst forms of child labour.

The Committee is raising other points in a request addressed directly to the Government.