Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. Penalties. In its previous comments, the Committee noted that 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 emphasized that, despite the conformity of the national legislation on the sale and trafficking of children (in particular Act No. 09/2004) with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. Moreover, the Committee noted with concern that, even though prosecutions had been initiated against suspected traffickers of children, no ruling had yet been handed down, even though the United Nations Committee on the Rights of the Child (CRC) had stated that 700 child victims of trafficking had been identified and repatriated to their countries of origin. The Committee therefore asked the Government to take steps 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.

The Committee notes the Government’s statement in its report that Act No. 09/2004 concerning the prevention and combating of trafficking of children has been revised following the national symposium on combating the trafficking of children held in June 2016. The Committee also notes the Government’s indications that any persons violating the laws and regulations relating to the sale and trafficking of children are liable to severe punishment under the law in the form of fines or imprisonment. The Government indicates that prosecutions have been initiated against eight persons in cases involving the forced labour of children. It also states that in 2016 officers from the immigration control department were given training in identification and investigation methods in trafficking cases. The Committee also notes the Government’s indication, in its report relating to the Minimum Age Convention, 1973 (No. 138), that deadlines for the courts to hand down judgments (except for administrative tribunal decisions) are unknown and it recognizes the ineffectiveness of the Gabonese justice system. It indicates that judicial prosecutions are limited, owing to a lack of financial resources at the High Court of Justice, which deals with trafficking cases but cannot hold regular sessions. The Government further indicates that data on the repression of trafficking is limited, in particular because of a lack of communication between ministries. The Government also states that reports have indicated that corruption and complicity of public officials in trafficking cases remain a source of serious concern. It indicates that judges are at risk of being corrupted by suspected traffickers and that they often delay or abandon cases which have been opened against traffickers.

The Committee further notes that, according to the UNICEF annual report for 2017, the trafficking of children is constantly increasing because of the lack of effective and comprehensive enforcement of the laws against the trafficking and exploitation of children. The Committee notes that the August 2017 report of the United Nations High Commissioner for Human Rights (UNHCHR), in the context of the universal periodic review, emphasizes that the Special Rapporteur on trafficking expressed concern at the trafficking of women and girls for sexual exploitation and prostitution (A/HRC/WG.6/28/GAB/2, paragraph 50). The Committee is therefore bound to note with deep concern the lack of convictions handed down for traffickers of children, which perpetuates the situation of impunity that appears to exist in the country.Recalling that penalties are only effective if they are actually enforced, the Committee urges the Government to take the necessary steps without delay to ensure the thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, and to ensure that penalties constituting an adequate deterrent are imposed on them. Further, recalling that it is the responsibility of the State to provide the judicial system with the means to function, as well as to ensure effective communication between the ministries, the Committee also requests the Government to take the necessary steps to facilitate communication between ministries and to strengthen the capacities of the High Court of Justice, including its ability to hand down judgments within a reasonable time. The Committee requests the Government to continue providing information on the application of provisions relating to this worst form of child labour, including statistics on the number of convictions handed down and the criminal penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee previously urged the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, including the production and trafficking of drugs, are explicitly prohibited in the national legislation.

The Committee notes with satisfaction that Decree No. 0023/PR/MEEDD of 16 January 2013, determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, defines the “use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances” and “for illicit activities including the production and trafficking of drugs as defined by the relevant international conventions” as the worst forms of child labour. It notes that this Decree was adopted pursuant to section 177 of the Labour Code. The Committee observes that section 195 of the Labour Code provides that any person who violates the provisions of section 177(3), concerning the worst forms of child labour, which refers to the above-mentioned Decree, shall be liable to a fine of 5 million CFA francs (US$8,429) and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences.The Committee requests the Government to provide information on the application in practice of this new Decree, including the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Monitoring mechanisms and programmes of action. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority attached to the Ministry of Human Rights. In practice, monitoring of the phenomenon of trafficking is ensured by a monitoring committee and several watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country. The Committee asked 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 with a view to ensuring the enforcement of the national legislation against trafficking in children.

The Committee notes the Government’s announcement that the Council to Prevent and Combat the Trafficking of Children became operational in December 2017. The Government indicates that the watchdog committees have conducted information campaigns on the possibility of assistance for victims and on the existence of penalties for traffickers of children, aimed at having a deterrent effect. The Government also highlights the presence of an Inter-Ministerial Committee to Combat the Trafficking of Children, and also the formulation and adoption of a “Plan of action against the trafficking of children 2016–17”. The Committee notes that, according to information from the ILO office in Yaoundé, the above-mentioned action plan for 2016–17 has not been renewed.While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to provide information on the number of child victims of trafficking who have been identified, and on the results of the “Plan of action against the trafficking of children 2016–17”, including the activities undertaken. The Committee also requests the Government to provide information on the recent activities of the Council to Prevent and Combat the Trafficking of Children and on the role of the Inter-Ministerial Committee to Combat the Trafficking of Children.

2. Labour inspection.With regard to labour inspection, the Committee refers to its detailed comments on the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. 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 where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition 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. The Committee also noted that during their stay in the centres school-age children removed from trafficking are enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres.

The Committee notes the Government’s indication that in 2015 a total of 15 child victims of trafficking for forced labour were identified and directed to the social services. The Government explains that a number of structures, including NGOs, religious authorities and UNICEF, provide support for the operations of the reception centres. The Committee notes that, according to the UNICEF annual report for 2017, a number of child protection structures, including social workers and civil society organizations, have received training, including with regard to providing care for victims of abuse, violence, and exploitation. It also observes that the Government, in its report to the United Nations Human Rights Council in August 2017 in the context of the Universal Periodic Review, indicates that in 2014 and 2015 the monitoring committee recorded more than 750 children who had been removed from trafficking circuits and reintegrated locally or repatriated to their countries of origin (Benin, Togo and Nigeria) (A/HRC/WG.6/28/GAB/1, paragraph 42).While noting the large number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee noted previously that the Government had signed the Multilateral Regional Cooperation Agreement against the trafficking of persons (especially women and children) in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It noted that, according to the Special Rapporteur, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon was in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. However, only one bilateral agreement with Benin had been concluded.

The Committee notes the Government’s indications that bilateral cooperation between Gabon and Togo relating to the prevention and combating of child migration for cross-border trafficking and economic exploitation has been strengthened and has enabled the development of a draft bilateral agreement for combating the cross-border trafficking of children and also the repatriation and reintegration of 30 Togolese girls who were victims of trafficking to Gabon. The Government also indicates that it has cooperated with the Economic Community of Central African States and with Senegal, as part of action against the trafficking of children. The Committee notes that, according to the August 2017 report of the UNHCHR, the Committee on the Rights of the Child (CRC) expressed concern at the lack of bilateral agreements between Gabon and countries of origin of child victims of trafficking, in particular Mali, Nigeria and Togo (A/HRC/WG.6/28/GAB/2, paragraph 29).The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.