Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that the Human Trafficking Act of 2005 and the Labour Regulations of 2007 are administered by the Ministry of Women and Children’s Affair (MOWAC) and the Ministry of Employment and Social Welfare. It notes the Government’s indication that from 2008 to September 2010, the Anti-Human Trafficking Unit of the Police investigated 52 cases of human trafficking out of which seven cases were prosecuted and five convictions of not less than five years of imprisonment were secured. It also notes the Government’s indication that data regarding prosecution and convictions of trafficking involving children under 18 years is currently not available and therefore will be provided subsequently. The Committee requests the Government to continue providing information on the practical application of the Human Trafficking Act of 2005, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the trafficking of children under 18 years.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. Noting that the Government has not provided any information on this point, the Committee requests the Government to take the necessary measures to specifically prohibit the use, procuring or offering of a child for the production of pornography and for pornographic performances. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously observed that the national legislation does not contain provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs and had requested the Government to take the necessary measures to that end. The Committee notes the Government’s indication that the need for amendment of the laws governing child protection has been identified in the National Plan of Action for the Elimination of Child Labour. The Government further states that the necessary amendments with regard to this matter will be taken during such law reviews. The Committee expresses the firm hope that the legislative review as envisaged under the National Plan of Action for the Elimination of Child Labour which will include amendments with regard to prohibiting the use, procuring or offering of a child for illicit activities will be undertaken in the near future. It requests the Government to provide information on any progress made in this regard.

Article 4(3). Revision of the list of hazardous work. The Committee had previously noted that section 91(1) of the Children’s Act prohibits the engagement of children under 18 years in hazardous work and subsection (3) provides for a list of hazardous work prohibited to children. It had also noted the Government’s indication that it had envisaged reviewing and updating as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention. The Committee requests the Government to provide information on the revision of section 91 of the Children’s Act undertaken in order to update the list of hazardous types of work prohibited to children.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Programme for the Elimination of Worst Forms of Child Labour in the Cocoa Industry (NPECLC). The Committee notes that according to the Government’s report, the NPECLC which started in 2006 and which was being implemented as a component of the bigger framework of the National Plan of Action for the Elimination of the Worst Forms of Child Labour in Ghana by 2015, achieved the following results:

■      Survey on Labour Practices in Cocoa Production in Ghana conducted in 2007–08 resulted in the Ghana Certification Reports which were independently verified and accepted by the International Cocoa Verification Board.

■      Support to local government structures (such as Metropolitan, Municipal, Districts, assemblies) and Civil Society Organizations to undertake remedial activities were provided. These activities were started in 2008 in 122 communities in 11 out of 68 cocoa producing districts. This was scaled up to 36 more districts and 403 communities in 2009. About 1,300 children were supported in 2008 and 6,300 children in 2009 to attend basic school and skill training activities.

■      Extensive sensitization at all levels about child labour in the cocoa sector and its effects on the children were undertaken. The survey indicates an awareness rating of 76 per cent in this regard.

■      Establishment of a National Partners Forum to coordinate and harmonize efforts and interventions against child labour in the cocoa sector.

■      A pilot livelihood support scheme has been initiated to enhance the income of cocoa farmers.

The Committee requests the Government to continue providing information on the implementation of the NPECLC and the results achieved in terms of combating child labour in the cocoa industry.

Article 7(2). Effective and time-bound measures. The Committee notes the Government’s statement that from January 2010 ILO–IPEC is supporting a national programme in three selected worst forms of child labour namely, agriculture, mining and traditional fishing. The Committee requests the Government to provide information on the implementation of the programme supported by the ILO–IPEC and its impact in eliminating the worst forms of child labour in the agriculture, mining and traditional fishing.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Capitation Grant Scheme and School feeding programme. Following its previous comments, the Committee notes the Government’s information that it is taking active steps to improve the functioning of the educational system so as to ensure access to quality education for children. It also notes the Government’s information that it has introduced free transportation, books and school uniforms for children, provision of classrooms as well as allowances for teachers in deprived communities.

The Committee notes with interest that according to the National Report on the Development of Education in Ghana of September 2008, the Capitation Grant Scheme has contributed to a rise in school enrolment rates of an additional 616,439 pupils (295,114 boys and 321,325 girls) to that of the 2004–2005 enrolment rates. The National Report also indicated that the Ministry of Education is working on multi-sectoral proposals to scale up the school feeding programme to the national level in order to benefit both boys and girls at all levels of basic education. The Committee further notes the information provided in this National Report that within the Free Compulsory Basic Education Programme (FCUBE) and the framework of the Education Strategic Plan 2003–15 (ESP), the Ministry of Education and Sports aims to achieve the two priority targets of the Millennium Development Goals (MDGs), namely, that gender parity is achieved in enrolment in basic education by 2015, and that every child of school-going age completes a full cycle of primary education by 2015. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the educational system as well as to ensure that all children have access to free basic education. It requests the Government to provide statistical information on the number of children enrolled in basic education pursuant to the implementation of the Capitation Grant Scheme and the School Feeding Programme. It also requests the Government to provide information on the impact of the FCUBE programme and the ESP in achieving the educational targets outlined under the MDGs.

2. Trokosi system. Following its previous comments, the Committee notes the Government’s information that through collaboration with international development partners and local civil society organizations a total of 305 children below the age of 18 years were withdrawn from trokosi (ritual enslavement of girls wherein teenage girls are pledged to a period of service at a local shrine to atone for another family member’s sins) from 2001 to 2009. It also notes the Government’s indication that a number of kindergarten, primary, secondary and high schools have been established in communities including North Tongu, South Tongu and Ketu districts to provide basic formal education to released trokosis and their dependants. The Government report further indicates that in 2008–09 a total of 352 trokosis, including their dependants were enrolled at school. The Committee notes that according to a report researched and compiled by the Refugee Documentation Centre of Ireland on 26 February 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) the International Needs Ghana (ING) which implements the Ritual Servitude Trokosi project estimates that about 3,500 girls have so far been liberated from trokosi and 50 shrines have stopped accepting trokosi. However, this report further indicates that there are at least 23 shrines in the Volta Region and three in the Greater Accra Region which still accept trokosi. The Committee requests the Government to continue taking immediate and effective measures to prevent the engagement of children into this ritual servitude called trokosi and to put an end to this traditional practice as a matter of urgency, taking account of the special situation of girls. It requests the Government to indicate the measures taken in this regard and on the results achieved. It also requests the Government to continue providing information on the number of children under 18 years of age who are, in practice, removed from trokosi and rehabilitated.

3. Child trafficking. The Committee notes the Government’s information that the MOWAC through their technical agencies and a wide network of collaborating partners conducted extensive training on concepts of human trafficking and child labour to over 200 public officials and various law enforcement agencies such as the police, immigration services, customs excise and preventive services, the navy, the judiciary, ministries, and civil society organizations. It also notes the Government’s information that various sensitization and awareness-raising programmes were organized to sensitize parents of the effects associated with child trafficking. Moreover, the Government indicates that anti-child trafficking clubs are established at transit routes where some children are made peer leaders against child trafficking in their schools and communities. The Committee further notes the Government’s statement that the Department of Social Welfare which is the main governmental institution responsible for rehabilitating child victims of trafficking has three shelters in Madina, South La, and Amanfro. Victims rescued were provided with psychosocial counselling, medical assistance and material support. The Committee further notes the Government’s information that these institutions sheltered a total of 313 children (162 girls and 151 boys) from 2009–10. The Committee requests the Government to continue providing information on the number of children who have been withdrawn from trafficking and rehabilitated in the three shelters managed by the Department of Social Welfare.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that through the Livelihood Empowerment Against Poverty (LEAP) programme, the Government aims to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like orphans and vulnerable children (OVC). It also notes the Government’s indication that by the end of the first half of 2010, a total of 22,477 households were benefitting from the LEAP programme, including the 15,212 OVCs. It further notes the Government’s statement that the beneficiary households have to fulfil certain conditions such as sending and retaining children of school age to school, and ensuring that children of such households are not engaged in the worst forms of child labour. The Government report further states that a memorandum of understanding has been signed by the Ministry of Employment and Social Welfare and the Ghana AIDS Commission (GAC), so as to develop action plans and mechanisms for addressing HIV/AIDS-induced child labour within the framework of the National Plan of Action on Child labour. The Committee notes that according to the 2010 Progress Report submitted by Ghana to the United Nations General Assembly Special Session (UNGASS) Declaration of Commitment on HIV and AIDS, the estimates of 2008 and 2009 indicate that there are approximately 140,000 orphans of HIV/AIDS. The Committee also notes the information contained in this report that in Ghana, out of the 1.0 per cent of children aged 10–14 who had lost both parents and 10.5 per cent who had lost one or both parents, 67 per cent were attending school. The Committee requests the Government to continue its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education. It also requests the Government to continue providing information on the number of orphans and vulnerable children who benefitted from the LEAP programme. The Committee finally asks the Government to indicate the measures taken by the Ghana AIDS Commission to address the HIV/AIDS induced child labour within the framework of the National Plan of Action on Child Labour.

Clause (e). Taking account of the special situation of girls. Kayaye girls (girls given to aunties for fosterage who finally end up working in the street). Following its previous comments, the Committee notes the Government’s information that the Department of Social Welfare with the support of Community Business Organizations provide rehabilitation and reintegration facilities for child victims of Kayaye in the various districts and towns. Further, the Women Development Fund provides microcredit and income generating activities for the mothers of Kayeye child victims. The Committee requests the Government to continue its efforts to eliminate the cultural practice of Kayaye and to provide assistance for the rehabilitation and reintegration of former child victims. It also requests the Government to provide information on the number of child victims of Kayaye who have been rehabilitated and provided with assistance by the Department of Social Welfare and the Women Development Fund.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that from 1998 to 2010, 1808 people were rescued from human trafficking in Ghana. The victims comprised 1124 females and 614 males with 77.7 per cent of investigated cases involved children below 16 years. It also notes that Human Trafficking Monitoring Teams were set up within the Ghana Immigration service in order to promote anti-human trafficking activities at some endemic cross-border posts. It further notes from the Government’s report that during the inauguration of the Anti-Human Trafficking Desk of the Immigration Control Unit of Ghana Immigration Services, there were 39 intercepted cases of human trafficking involving Ghanaian, Togolese, Nigerian and Chinese nationals as perpetrators. The Government further states that as a result of heightened awareness among stakeholders, particularly the media and security personnel more trafficking cases are being apprehended. The Committee requests the Government to continue providing information on the nature, extend 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 penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.