Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Libéria (Ratification: 2003)

Autre commentaire sur C182

Observation

2023
2022
2018
2013

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children in armed conflict. The Committee previously requested the Government to take the necessary measures to prohibit the use of children under the age of 18 years in armed conflict.

The Committee notes with satisfaction the adoption of the Children’s Law of 2011 which, under section 22 states that every child shall have the right to be protected from involvement in armed or any kind of violent conflicts. The Committee notes that according to section 3 of Chapter I of the Children’s Law a “child” shall mean any person below the age of 18 years. Section 22 further prohibits the recruitment or conscription of children into military service. The Committee further notes that chapter XII of the Children’s Law amends section 16 of the Penal Code which states that a person commits a first degree felony (defined in section 50.5 of the Penal Code as an offence for which a sentence to imprisonment for a maximum of ten years shall be imposed) if he/she recruits or enlists any child for purposes of engaging in violent conflict, while recruitment of a child for supporting an armed conflict shall constitute a second degree felony (imprisonment to a maximum of five years) (section 16.14). The Committee underlines the need for the effective implementation of this law. The Committee notes, however, that in practice, as indicated in the concluding observations of the Committee on the Rights of the Child (CRC) of December 2012, it appears that the armed actors along the borders continue to recruit children into their ranks and that the state party has not taken any action to address this situation (CRC/C/LBR/CO/2-4, paragraph 74). The Committee, therefore, urges the Government to take immediate and effective measures to put an end, in practice, to the forced or compulsory recruitment of children for use in armed conflict and proceed with the full and immediate demobilization of all children. It also requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years of age for use in armed conflict are prosecuted and punished.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child soldiers. Following its previous comments, the Committee notes the information contained in the Government’s periodic report to the CRC of 2011 that the Government, in cooperation with UNICEF, has implemented the Reintegration Programme for Children associated with Fighting Forces which aims at the social and economic reintegration, community reintegration and education through vocational skills and apprenticeships of children associated with armed conflict. In addition to helping establish 293 child welfare committees, the programme contributed towards the formation of 228 children’s clubs and 193 youth clubs to facilitate greater participation for the children. The Committee further notes the Government’s indication that, as of 2007, in addition to a large number of children who have benefited from vocational skills and apprenticeship, 50 per cent of the children associated with the fighting forces were returned to school (CRC/C/LBR/2-4, paragraphs 196–197). The Committee encourages the Government to continue taking measures to rehabilitate former child soldiers and to reduce and eliminate the possibility of re-recruitment in any conflict in the region. The Committee requests the Government to continue providing information on the number of child soldiers who have been rehabilitated and reintegrated by the Reintegration Programme for Children associated with Fighting Forces, as well as by any other ongoing programmes for the rehabilitation and reintegration of children affected by conflict.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of armed conflict and HIV/AIDS. Following its previous comments, the Committee notes the Government’s information contained in its written replies to the CRC that a National Independent Accreditation Committee (IAC) was established in 2010 to oversee and guide the selection of credible institutions providing alternative care services for vulnerable children. Out of the 88 alternative care institutions that remain in the country, 35 institutions have been assessed by the IAC, of which ten institutions were accredited, while the rest were instructed to undertake relevant measures to comply with the standards. According to the Government’s information, 3,637 children are currently living in 88 functional orphanages. Since 2009, 637 non-orphans living in orphanages have been reunited with families or relatives (paragraphs 27–30).

The Committee notes, however, that the 2011 UNICEF statistics indicated that there are approximately 230,000 orphans in Liberia, due to armed conflict, HIV/AIDS and other causes. The Committee expresses its deep concern at the high number of children orphaned due to armed conflict and HIV/AIDS. Recalling that children orphaned by armed conflict, HIV/AIDS and other vulnerable children continue to be at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure their protection from the worst forms of child labour. It further requests the Government to provide detailed information on the concrete measures implemented in this regard and on the results achieved.

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