Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. The Committee previously noted that the Government has brought its legislation relating to the sale and trafficking of children into line with the Convention. However, it 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, despite the statement made by the Government representative in the Conference Committee on the Application of Standards in June 2007 that there is no internal trafficking of children in 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. It also noted that 11 court cases are in progress, most of which have been referred to the Public Prosecutor’s Office.

The Committee notes the Government’s indication that statistics on convictions and penalties imposed are not available at present. It also notes that the decisions on the 11 court cases will be communicated as soon as possible. The Committee observes 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 of September 2010 (E/ICEF/2010/P/L.17, paragraph 21), even though policies and laws exist to protect children against trafficking and several structures have an operational mandate in this area, legislation is not regularly enforced and coordination is weak, and for this reason trafficking is a major threat to children in the country. It also notes the information regarding Gabon in the 2010 report on human trafficking, published on the website of the Office of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), according to which, despite the fact that more than 30 persons were arrested for human trafficking between 2003 and 2008, no conviction has been recorded with respect to the reporting period. The Committee urges the Government to take the necessary steps to ensure the thorough 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. It again requests the Government to supply specific information on the application of the provisions relating to this worst form of child labour, including statistics on the number of convictions and penalties imposed. Finally, it expresses the strong hope that the Government will send in the very near future a copy of court decisions relating to the cases referred to the Public Prosecutor’s Office.

Article 5. Monitoring mechanisms. 1. Council to prevent and combat the trafficking of children. With reference to its previous comments, the Committee notes the Government’s indications that the Council and watchdog committees responsible for preventing and combating the trafficking of children have the task of identifying any situation involving child labour and notifying the administrative and judicial authorities. The Committee once again requests the Government to supply information on the operation of the Council and watchdog committees responsible for preventing and combating the trafficking of children. In this regard, it requests the Government to provide information as soon as possible on the number of child victims of trafficking identified by the Council and the watchdog committees.

2. Labour inspection. The Committee previously noted that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005 [Decree No. 007141 of 22 September 2005], the labour inspector may immediately draw up a report of any violations relating to the trafficking of children. It noted that the Committee on the Application of Standards, in its conclusions of June 2007, asked the Government to strengthen the authority of the labour inspection services to enforce the law and also asked it to increase its human and financial resources. The Committee on the Application of Standards further asked the Government to ensure that regular inspections were carried out by the labour inspectorate. The Committee noted that a draft text is currently under examination with a view to the effective application of Decree No. 007141 of 22 September 2005. This draft text provides for the establishment of a special inspection unit responsible for combating child labour.

The Committee notes the Government’s indication that Decree No. 007141 of 22 September 2005 is directly applicable without any need for the prior adoption of implementing regulations. It also notes that the special inspection unit to deal with child labour has not yet been established. However, the Committee notes with interest that, under section 178 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors have the power to question, and have the security forces arrest, any child who they have good reason to think is employed in any activity corresponding to the worst forms of child labour, including in the informal sector. In addition, labour inspectors are required to report any evidence of exploitation of children for the purposes of labour. The Committee requests the Government to supply 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 (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. With reference to its previous comments, the Committee notes the Government’s statement to the effect that, in the context of the new national policy on the working of the education system, a major forum was organized by the Government in May 2010 for the purpose of a review, discussion and analysis of the situation in education and making suggestions for the future. It notes that the forum led to a number of recommendations aimed at improving the education system. The Committee observes that, according to the information contained in 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 of September 2010 (E/ICEF/2010/P/L.17, paragraph 21), despite the improvements recorded in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, progress is undermined by high drop-out rates and a high percentage of children repeating classes. In addition, according to UNICEF statistics for 2003–08, the secondary school attendance rate (12–18 years) remains low (about 35 per cent) in comparison with primary education. Considering that education contributes towards 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 education system by taking measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. The Committee requests the Government to provide information on the measures taken in the context of the new national policy on the functioning of the education system and to provide a copy of this policy.

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, 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 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 asked the Government to provide information on the number of children who have been removed from trafficking and on the measures taken to ensure their rehabilitation and social integration.

The Committee notes that the Government’s report does not contain any further information on these points. However, it notes that, according to a UNICEF press release dated 13 November 2009, the Government has identified 34 child victims of trafficking (26 girls and eight boys between 11 and 18 years of age), 26 of them originating from Benin and eight from Togo and Mali, who were located on a boat which was boarded and searched in Gabonese territorial waters in October 2009. All the children were taken to reception centres to be given assistance pending repatriation to their countries of origin. Furthermore, according to the 2010 report on human trafficking, the Ministry of Family and Social Affairs has trained 30 groups of trainers and more than 100 social workers in procedures for taking care of the victims of trafficking as part of a six-week programme. The Committee strongly encourages the Government to continue to take immediate and effective measures to remove children from sale and trafficking and once again requests it to provide information on the number of children who have actually been removed from this worst form of child labour and placed in reception centres. Furthermore, it again requests the Government to supply information on the specific measures taken to ensure the rehabilitation and social integration of these children.

Article 8. International cooperation. The Committee previously noted that, during the discussion which took place within the Committee on the Application of Standards in June 2007, the Government representative indicated that 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 was being considered. The Committee also noted that the Government signed the Multilateral Regional Cooperation Agreement against the trafficking of children in West and Central Africa in July 2006 [2006 Regional Cooperation Agreement] and that a bilateral agreement relating to the trafficking of children is being negotiated with Benin.

The Committee notes the Government’s indication that current measures taken to give effect to the 2006 Regional Cooperation Agreement consist of information and awareness raising for the States parties to this Agreement, the establishment of a joint regional monitoring committee involving the ECOWAS and ECCAS countries, and the adoption of the “national roadmap” drawn up by Gabon for implementation of the regional plan. The Government’s report also indicates that negotiations with a view to signing a bilateral agreement with Benin are continuing. The Committee notes that, according to the information contained in the 2010 report on human trafficking relating to the case of the 34 child victims of trafficking identified on a boat which was boarded and searched in Gabonese territorial waters in October 2009, the Gabonese Government has set up a team, including with the support of the Government of Benin and UNICEF, in order to look for the families of the child victims and organize the safe repatriation of the Beninese children. The Committee requests the Government to continue to supply information on the steps taken to give effect to the 2006 Regional Cooperation Agreement, particularly concerning the strengthening of the police presence at borders, the establishment of the regional monitoring committee and the adoption of the “national roadmap” drawn up by Gabon to implement the regional plan. In addition, the Committee expresses the hope that the bilateral agreement on the trafficking of children being negotiated with Benin will be signed in the very near future and requests the Government to continue to supply information on any new developments 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 the trafficking of children in the country was emphasized in the discussion which took place within the Committee on the Application of Standards in 2007. In this respect, 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 areas in which forced labour involving children was practised.

The Committee notes the Government’s indication that the undertaking made with respect to analysing the national situation concerning trafficking will be acted upon when resources are sufficient to allow it. The Committee again expresses the strong hope that the analysis of the situation of the trafficking of children in Gabon will be conducted in the very near future and requests the Government to continue to supply information in this regard.

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