Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the information provided by the Government in its report. It also notes the information provided by it in June 2007 at the 96th Session of the Committee on the Application of Standards, as well as the discussion which took place on that occasion.

Article 3, clause (a), of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. In response to previous comments, the Committee notes that the Government has brought its legislation in respect of the sale and trafficking of children into line with the Convention. The Committee notes however that, according to the information contained in a UNICEF report of 2006 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, to work as domestic workers or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. Beninese children sent to Gabon mainly come from the departments of Ouémé, Mono, Atlantique and Zou. According to the UNICEF report, in the border regions of Gabon, Cameroon and Equatorial Guinea, the exchange of goods and the free movement of persons of certain ethnic identities, particularly the Fang, who do not require a visa to cross the border, facilitate trafficking.

The Committee notes that despite the declaration by the Government representative made in the Committee on the Application of Standards in June 2007 that there is no internal trafficking of children on the national territory, it emerged from the discussion that took place within this Committee that children are victims of both internal and cross-border trafficking in the country. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to ensure that persons who infringe the Convention are prosecuted and face sufficiently effective and dissuasive sanctions. In the regard, the Committee duly notes the Government’s indication that there are 11 judicial proceedings pending, most of which have been referred to the Public Prosecutor’s Office.

The Committee notes that, although the legislation is in conformity with the Convention on this matter, the sale and trafficking of children under 18 years of age for labour exploitation exists in the country. Referring to the conclusions of the Committee on the Application of Standards, the Committee urges the Government to redouble its efforts to ensure, in practice, the protection of children under 18 years of age against the sale and trafficking of children, including by ensuring thorough investigations and robust prosecutions of offenders and that effective and sufficiently dissuasive sanctions are imposed. In this regard, it requests the Government to provide information on the application of the provisions concerning the sale and trafficking of children for labour exploitation in practice by providing, in particular, statistics on the convictions and penal sanctions imposed. Furthermore, taking into account the information that judicial proceedings are pending, some of which have been referred to the Public Prosecutor’s Office, the Committee requests the Government to provide the court rulings handed down.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. The Committee previously noted the establishment of a Council to Prevent and Combat the Trafficking of Children, an administrative body dedicated to preventing and combating the trafficking of children. It also noted that the Council is responsible in particular for detecting cases of trafficking of children, identifying victims, removing the victims from their situation of exploitation and protecting their rights, and strengthening the action of the follow‑up committee in the province. The Committee requested the Government to continue providing information on the work of the Council.

The Committee notes from the discussion which took place in the Committee on the Application of Standards in June 2007 that questions remained with regard to the functioning of the Council and that information on its effectiveness was requested by members of that Committee. On that occasion, the Government representative indicated that the Council was not yet functioning. The Committee notes the information provided by the Government in its report that vigilance committees for the prevention and combating of the trafficking of children, which are regional structures, oversee the phenomenon of trafficking in the interior of the country and take responsibility for the child victims. The Committee requests the Government to provide information on the functioning of the Council and the vigilance committees, in particular with respect to the number of child victims of trafficking who have been rehabilitated and integrated into society.

2. Labour inspection. In its previous comments, the Committee noted that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005 (Decree No. 007141 of 22 September 2005), a labour inspector may impose penalties directly in the case of offences relating to the trafficking of children. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to expand the authority of the labour inspection services in enforcing the law and to increase their human and financial resources. The Committee on the Application of Standards also requested the Government to ensure that regular visits were carried out by the labour inspectorate. In this regard, the Committee notes the Government’s indication that a draft text is currently being examined with a view to the effective implementation of Decree No. 007141 of 22 September 2005. This draft text provides for the creation of a special inspectorate responsible for combating child labour. Referring to its observation made under the Labour Inspection Convention, 1947 (No. 81), the Committee expresses the firm hope that the draft text which is in the process of being examined will give effect to the recommendation of the Committee on the Application of Standards and will equip the special inspectorate responsible for combating child labour, with the means to enable it to enforce effectively the national legislation on the sale and trafficking of children. The Committee requests the Government to provide information on any developments relating to the adoption of the draft text.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the document on the results of the Government’s action to combat the trafficking of children, which contains detailed information on the measures taken in the context of the subregional project on combating the trafficking in children for labour exploitation in West and Central Africa (IPEC/LUTRENA), the activities of which were completed in 2007.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards underlined the importance of free, universal and compulsory formal education in preventing the worst forms of child labour, and invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls. In this regard, the Committee notes that, according to the UNICEF statistics from 2006, the net school attendance at the primary level is 94 per cent for girls and boys and, at the secondary level, 36 per cent for girls and 34 per cent for boys. Furthermore, the Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All by 2015: Will we make it?, at least 20 per cent of the country’s primary school pupils are repeating or have repeated a year and the figure rises to more than 30 per cent for the first year of primary school.

The Committee takes note of the net school attendance rate at the primary level. However, it expresses concern at the rather low net school attendance rate at the secondary level and at the high level of repetition among pupils at the primary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, and referring to the conclusions of the Committee on the Application of Standards of June 2007, the Committee strongly encourages the Government to continue its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken to increase school attendance, particularly at the secondary level, and to reduce the repetition rate at the primary level. The Committee requests the Government to provide information on the results achieved.

2. Awareness-raising activities. Referring to its previous comments, the Committee notes the indication of the Government’s representative of June 2007 to the effect that a free hotline has been set up. Furthermore, it takes due note of the information provided by the Government that, in the context of combating the worst forms of child labour, awareness-raising campaigns have been organized with NGOs and a number of workers’ organizations in order to explain to society the gravity of the phenomenon of the trafficking of children and its immorality, the traumatic consequences of this scourge on children and the penalties incurred by persons engaged in trafficking or all those who exploit minors. The Committee requests the Government to continue its efforts to prevent children from becoming victims of trafficking for labour exploitation and requests it to provide information on the results achieved in this regard.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Reception centre and medical and social assistance for child victims of trafficking. In its previous comments, the Committee noted that section 5 of Act No. 09/2004 of 21 September 2004 provides for the establishment of specific medical and social assistance for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. It also noted that a national manual of procedures for dealing with child victims of trafficking has been prepared.

The Committee notes with interest the information provided by the Government’s representative to the Committee on the Application of Standards in June 2007 to the effect that, during the period 2003–05, 200 individuals who had been victims of trafficking were removed from this worst form of child labour, of whom 137 were children aged between 5 and 16 years. Of these 137 children,
115 were girls, who are the most affected by the phenomena of trafficking and exploitation. Furthermore, two-thirds of these children have been reintegrated into their country of origin and the others in Gabon.

The Committee also notes the information provided by the Government in its report that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation receive an initial medical visit a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, hospitalized. Furthermore, 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 follow-up committee and vigilance committees. The Committee takes due note of the information provided by the Government that children removed from trafficking are, during their stay in the centres, according to their age, enrolled free of charge in public schools in which they benefit from the same advantages as other children. Those who have passed school age are enrolled in literacy centres. The Committee also notes the Government’s indication that the national manual of procedures for dealing with child victims of trafficking has been adopted. It develops a four-stage process: (a) identification of the victim; (b) removal; (c) administrative action and psychosocial care; and (d) restoration, accommodation and return to the country of origin or reintegration into Gabon.

The Committee requests the Government to continue providing information on the time-bound measures taken to remove child victims of sale and trafficking, in particular, the number of children who have actually been removed from this worst form of labour. The Committee also requests the Government to provide information on the specific measures taken in the context of the national manual on procedures for dealing with child victims of trafficking to ensure their rehabilitation and social integration.

Article 8. International cooperation. Referring to its previous comments, the Committee emphasizes that it emerged from the discussion which took place within the Committee on the Application of Standards in June 2007 that it is necessary for the Government to continue its cooperation with neighbouring countries to combat the trafficking of children. Moreover, the Government representative indicated on that occasion that the possibility of taking measures to increase the number of police officers at land, maritime and aerial borders, setting up joint border patrols and opening transit centres of neighbouring countries was being envisaged.

The Committee takes due note of the information provided by the Government that, in July 2006, it signed the Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. It also notes the Government’s statement that it is negotiating a bilateral agreement with Benin regard to the trafficking of children. However, the Committee notes the Government’s indication that it has not given full effect to the matters of increasing the number of police officers at land, maritime and aerial borders, setting up joint border controls and establishing transit centres of neighbouring countries. The Committee requests the Government to provide information on the measures taken to give effect to the Multilateral Cooperation Agreement to Combat Trafficking in Persons. Furthermore, the Committee expresses the hope that the bilateral agreement with Benin on the trafficking of children will be signed in the near future and requests the Government to provide information on any developments in this regard. Finally, the Committee expresses the firm hope that, under these two agreements, measures will be taken to increase the number of police officers at land, maritime and aerial borders, in particular through the establishment of joint patrols at borders and the opening of transit centres of neighbouring countries.

Part V of the report form. Application of the Convention in practice. The Committee emphasizes that, in its observation of 2004, it noted the statistics included in the additional information attached to the Government’s initial report submitted to the Committee on the Rights of the Child in 2002 (GAB/1, page 12). According to these statistics, 25,000 children were working in Gabon, of whom between 17,000 and 20,000 were victims of trafficking. The Committee notes that, during the discussion which took place within the Committee on the Application of Standards in 2007, it was emphasized that there was a lack of recent statistical data on the trafficking of children in the country. In this regard, the Government representative indicated that the Government intended to carry out an analysis of the national situation concerning child trafficking in Gabon and a mapping of the trafficking routes and zones in which forced labour involving children was practised. The Committee notes that, in its conclusions of 2007, the Committee on the Application of Standards urged the Government to undertake a national study on child labour to assess the extent of the worst forms of child labour in the country. The Committee expresses the firm hope that the Government will carry out this analysis of the national situation concerning child trafficking in Gabon as soon as possible and requests the Government to provide information on this matter.

The Committee is also addressing a direct request to the Government concerning other points.