Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first report. The Committee also notes that the Government signed a Memorandum of Understanding with ILO/IPEC in May 2003. It requests the Government to provide information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. 1. Serfdom and forced or compulsory labour. The Committee notes that it is prohibited to conclude an agreement with the intention, either for gain or free of charge, to deny the freedom of a third party (section 251 of the Penal Code). It also notes that forced or compulsory labour is prohibited under section 4 of the Labour Code. The expression "forced or compulsory labour" means any work or service exacted from any person under the menace of any penalty and for which the said person has not offered her or himself voluntarily.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. The Committee however notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 81), Act No. 004/98 of 20 February 1998 on the general organization of national defence and public security provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. The Committee therefore requests the Government to provide a copy of Act No. 004/98 of 20 February 1998.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 260 of the Penal Code prohibits procuring. Under section 260 of the Penal Code, a procurer is a person who: (a) in any manner whatsoever, helps, assists or knowingly protects the prostitution of a third person or soliciting with a view to prostitution; (b) in any form whatsoever, shares in the gains from the prostitution of a third party; (c) procures, abducts or maintains, even with consent, a person, even over the age of maturity, with a view to prostitution or delivers that person into prostitution or debauchery; (d) acts as an intermediary, in any manner whatsoever, between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of third parties. The Committee notes that the commission of the above acts in relation to a person under 18 years of age constitutes an aggravating factor (section 261(1) of the Penal Code). It also notes that under section 262 of the Penal Code, it is prohibited to possess, either directly or through a third party, manage, direct, operate, finance or contribute to the financing of an establishment of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report and the lack of legal provisions on this subject. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit and repress the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the lack of information in the Government’s report on this subject. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Types of hazardous work. The Committee notes that section 6 of the Labour Code provides that children may not be employed in types of work which are not appropriate for their age, development or condition, or which prevent them from receiving compulsory schooling, except for the derogations envisaged under the Labour Code. Section 177 of the Labour Code prohibits the employment of young persons under 16 years of age in an enterprise, unless an exception is made by decree issued at the joint proposal of the Minister responsible for labour, the Minister responsible for public health and the Minister responsible for national education, taking into account the circumstances and the tasks which may be required of them. It also notes that, under section 207 of the Labour Code, workers under 18 years of age may not be recruited without having first undergone a medical examination for fitness for work. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is considered as one of the worst forms of child labour and must not therefore be performed by persons under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that persons under 18 years of age are not engaged in types of work which are damaging to their health, safety or morals. It also requests the Government to provide information on the application in practice of section 6 of the Labour Code, which provides that young persons may not be employed on types of work which are not appropriate to their age, development and condition, or which prevent them from receiving compulsory schooling.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that, under section 177 of the Labour Code, a decree issued at the joint proposal of the Minister responsible for labour and the Minister responsible for public health shall establish the nature of the types of work and the categories of enterprise which are prohibited for young persons, and the age limit in respect of which the prohibition applies. The Committee notes that section II of Decree No. 275 of 5 November 1962 specifies that the following types of work are considered, by reason of their nature, as being likely to have a harmful influence on young persons: itinerant trading in the streets; work in bars and hotels. The Committee notes that, according to the Government’s indications, Decree No. 275 of 5 November 1962 has to be brought up to date. The Committee reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which provides that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the Government will take these remarks into consideration when updating Decree No. 275 of 5 December 1962 establishing the list of types of hazardous work and that the Decree will be updated rapidly with a view to bringing the national legislation into conformity with the Convention. It also requests the Government to indicate whether consultations are envisaged with the organizations of employers and workers on the occasion of the amendment of the Decree determining the list of types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that the Government’s report does not provide any information on this subject. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work so determined exist.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that it has established, within the Ministry of Labour and Employment, a special inspectorate responsible for combating work by young persons. The Government adds that this unit is not yet operational. The Committee encourages the Government to make every effort to ensure that this inspection unit becomes operational in the very near future. It requests the Government to provide information on the establishment of this special inspection unit and on its powers and resources to combat the worst forms of child labour.

The Committee notes that section 2 of Decree No. 00031/PR/MTEFP authorizes the security forces, labour inspectors and controllers to apprehend any young person under 16 years of age identified in a situation of labour exploitation and to place that person in a reception centre. The Committee encourages the Government to take the necessary measures to extend the scope of the above Decree to young persons under 18 years of age. It also requests the Government to provide information on the number of children identified in a situation of exploitation, the types of work performed and the number of children placed in a reception centre.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Gabon is engaged in cooperation with ILO/IPEC and UNICEF to combat the trafficking of children, but has not established programmes of action to eliminate the other forms of child labour, such as child prostitution and types of work that are likely to harm the health, safety or morals of children. Nevertheless, the Committee notes the establishment of an Inter-Ministerial Committee to Combat Child Labour. The Committee requests the Government to provide information on the role of the new Inter-Ministerial Committee to Combat Child Labour and its powers. It also requests the Government to provide information on the measures adopted or envisaged to design and implement programmes of action to eliminate as a priority the worst forms of child labour, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7, paragraph 1. Penalties. The Committee notes that any person who has concluded an agreement with the intention, for gain or free of charge, of denying the freedom of a third party shall be liable to a sentence of imprisonment of between five and ten years and a fine of 1 million francs (section 251 of the Penal Code). Those found guilty shall be liable to the maximum sentence where the person covered by the agreement is under 15 years of age (section 251(2) of the Penal Code). The Committee notes that any person who is in violation of the provisions of section 4 of the Labour Code, prohibiting forced or compulsory labour, is liable to a sentence of imprisonment of from one to six months and/or a fine of between 300,000 and 600,000 francs (section 16 of the Labour Code). Under the terms of sections 260 and 261(1) of the Labour Code, a procurer shall be liable to a sentence of imprisonment of from one to five years and a fine of from 100,000 to 2 million francs where the offence involves a young person under 18 years of age. Section 6 of the Labour Code provides that any person who employs a young person on work that is not appropriate for her or his age, development or condition, or who prevents the young person from receiving compulsory schooling, shall be liable to a sentence of imprisonment of from one to six months and a fine of from 600,000 to 1,200,000 francs. The Committee notes that any person who employs a young person in violation of Decree No. 275 of 5 December 1996 determining the nature of the work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, shall be liable to a fine of from 30,000 to 300,000 francs and, if the offence is repeated, a fine of between 60,000 and 600,000 francs and/or imprisonment of from two to six months (sections 177 and 195 of the Labour Code). However, the Committee notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 267), it is in fact rare for sanctions to be applied in cases of violations of sections 4 and 6 of the Labour Code relating to forced labour and the employment of children on types of work that are inappropriate in view of their age (section 16 of the Labour Code). It adds that the scope of action by labour inspectors is limited to the organized sector which, by its very nature, does not use labour by young persons under the statutory age for admission to employment. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various texts are imposed in practice so as to secure the effective implementation of the provisions giving effect to the Convention.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has not provided any information concerning time-bound measures to: (c) ensure access to free basic education for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls. The Committee requests the Government to provide information on the measures adopted or envisaged, in accordance with Article 7, paragraph 2(c) and (e), of the Convention to prevent the emergence of the worst forms of child labour and to support the elimination of these practices, particularly in the case of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 82), Act No. 16/66 of 9 August 1966 on the general organization of education provides that schooling is free and compulsory for children between the ages of 6 and 16. It also notes that, according to the Government, schooling is not really free for all children, as the provisions of education policy are not complied with. According to the Government’s indications to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 213), the school enrolment rate for primary education is 86 per cent, with the school attendance rates for children between the ages of 12 and 18 being 81 per cent for boys and 78 per cent for girls. However, the Committee notes that, in 1995, for every 100 children who began school, around 60 reached the CM2 level (the last year of primary education) and only 30 went on to the first year of secondary school. The Government notes in its report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 213) that it is endeavouring to improve the quality of teaching, particularly through teacher training, building schools and diversifying vocational training programmes. The Committee asks the Government to provide information on the concrete measures taken to improve the quality of education as well as the school enrolment rate, and the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the Government’s indications that a shelter in Libreville allows children removed from the worst forms of child labour to receive free education. The Committee requests the Government to provide information on the number of children placed in the shelter and on the impact of this type of measure on the social integration of children who are the victims of the worst forms of child labour. It also requests the Government to indicate whether similar centres exist in the rest of the country.

The Committee notes the Government’s indications that a free telephone number has been installed in the Ministry of Labour to allow persons who have identified children subject to the worst forms of child labour to inform the competent authorities. The Committee requests the Government to indicate the number of denunciations received and whether they have led to the removal of children from the worst forms of child labour.

Clause (d). Identification of children at special risk. The Committee notes that the provisions of the Labour Code, particularly those relating to the admission of children to types of hazardous work, only apply to workers who have "engaged to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private" (section 1 of the Labour Code). It also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase. The Government adds that the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. Noting the absence of information in the Government’s report on this subject, the Committee requests it to indicate the authority or authorities designated as being responsible for the implementation of the provisions giving effect to this Convention and the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Gabon is a member of Interpol, the organization which facilitates cooperation between countries in the region, particularly through the exchange of information, to enable them to combat the trafficking of children more effectively. It also notes that Gabon ratified the Convention of the Rights of the Child in 1994 and signed in 2000 the Protocol on the involvement of children in armed conflict and the Protocol on the sale of children, child prostitution and child pornography. The Committee requests the Government to provide information on the steps taken for mutual assistance to give effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been handed down on this subject. The Committee requests the Government to indicate any decision handed down by courts of law or other tribunals relating to the application of the Convention.

Part V. The Committee notes the Government’s indication that it is not in a position to provide reliable statistics. The Committee requests the Government to provide copies or extracts of official documents, including inspection reports, studies and inquiries. It also encourages the Government to undertake quantitative statistical studies on the nature, extent and trends of the worst 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 the penal sanctions applied.