Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that human trafficking is prevalent in Liberia, both within and across the borders for different purposes, including for labour exploitation. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the number of investigations, prosecutions, convictions and criminal penalties imposed on the perpetrators of the sale and trafficking of children.

Article 4(1). Determination of hazardous work. The Committee notes that according to Part 6, section 102(b) of the Decent Work Bill, 2009, young persons under the age of 18 years are prohibited from working on those types of work enumerated under Paragraph 3 of Recommendation No. 190. Section 102(c) further states that the minister shall, within 12 months from the coming into force of this Act, issue regulations specifying further types of work that may be prohibited to young persons and identify hazardous processes, temperatures, noise levels or vibrations that are dangerous to the health of children and young persons. The Committee expresses the firm hope that the Decent Work Bill, 2009, which contains a provision prohibiting the engagement of children under the age of 18 years in those types of work enumerated under Paragraph 3 of Recommendation No. 190, will be adopted in the near future. It also expresses the hope that a regulation specifying hazardous types of work and processes prohibited to children under 18 years of age will be developed, pursuant to section 102(c), after consultation with the organizations of employers and workers concerned. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Anti-Human Trafficking Task Force. The Committee notes from the national report of 18 February 2015, submitted by Liberia to the Human Rights Council (A/HRC/WG.6/22/LBR/1, paragraphs 16 and 51) (Report to the HRC), that a National Anti-Human Trafficking Task Force (Task Force) co-chaired by the Ministries of Labour and Justice was established in 2014. This report also indicates that the Task Force is responsible for conducting investigations on cases of trafficking and to provide information on these cases to the police and the courts. The Committee requests the Government to provide information on the activities of the Task Force in preventing and combating human trafficking and the results achieved. It also requests the Government to provide information on the number of cases of trafficking of children investigated by the Task Force.

2. National Steering Committee. The Committee notes from the Government’s report that a National Steering Committee (NSC) was drawn from the ministries, agencies of government, social partners and non-governmental organizations with the mandate to: oversee, investigate and monitor all child labour issues; create the necessary awareness in the campaign against child labour; conduct capacity building workshops for Child Labour Monitoring Committees at workplaces; and to collaborate with local and international partners to rehabilitate skills development programmes for children who are victims of child labour or are vulnerable to child labour. The NSC is divided into subcommittees responsible for policy and legal framework; resource mobilization; monitoring and evaluation; and awareness and advocacy programmes. The Government report also indicates that a training workshop was organized for the members of the NSC in 2014 in collaboration with ILO–IPEC to enable them to understand their role in the elimination of the worst forms of child labour. Furthermore, a capacity-building workshop on how to identify and report cases of child labour was conducted for labour commissioners and labour inspectors. The Committee requests the Government to provide information on the number of cases of worst forms of child labour identified and reported by the labour inspectors and labour commissioners. It also requests the Government to provide information on the impact of the activities of the NSC in preventing and eliminating the worst forms of child labour.

Article 6. Programmes of action. 1. National Action Plan against Trafficking of Human Beings. The Committee notes from the report to the HRC (paragraph 16 and 51) that a five-year National Action Plan against Trafficking in Human Beings was launched in 2014 (NAP 2014) as part of its “zero tolerance” stance against human trafficking. The Committee requests the Government to provide information on the specific measures taken under the NAP 2014 to combat trafficking of children and the results achieved.

2. National Action Plan on child labour. The Committee notes from the Government’s report that it is in the process of developing a National Action Plan on child labour (NAP on child labour) with assistance from ILO–IPEC. According to the information from ILO–IPEC, a technical working group was set up to conduct regional consultations and to draft the NAP document. The Committee requests the Government to provide information on the progress made in developing the NAP on child labour.

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. The Committee previously noted the various measures taken by the Government to improve access to education. However, it noted with concern the low rates of enrolment as well as high drop-out rates at the primary and secondary levels.

The Committee notes from the compilation prepared by the Office of the High Commissioner for Human Rights to Human Rights Council (A/HRC/WG.6/22/LBR/2, 23 February 2015) that according to the United Nations Development Assistance Framework (UNDAF), the gender gap was apparent in education and that illiteracy rates among women and girls were especially high at 60 per cent. This report further refers to the statement made by the United Nations Country Team in Liberia that, due to the spread of the Ebola Virus Disease (EVD), schools had been ordered to be closed in June 2014 and an estimated 1.4 million students had been forced to stay home. Many of those students had taken up jobs and some opted not to return to school once the danger of EVD was cleared. The Committee acknowledges the difficult situation prevailing in the country. Nevertheless, considering the importance of education in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to take the necessary measures to ensure the proper functioning of the education system and to strengthen its efforts to bring back children to schools. It requests the Government to take measures to increase the enrolment and completion rates at primary and secondary levels and to provide information in this regard.

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 that according to the information from the International Committee of the Red Cross (ICRC), the Government, along with UNDP and UNICEF, demobilized 11,780 children including 2,378 girls. According to this report, 50 per cent of the children associated with the fighting forces returned to school while many others were provided with vocational and business skills; apprenticeship and work-related experiential knowledge through the Reintegration Programme for Children associated with Fighting Forces implemented by the Government with the assistance of UNICEF. The Committee also notes from a report from the United Nations Office of the Special Representative of the Secretary-General (At Work Together, United Nations in Liberia) that all children demobilized from the armed conflict have been offered formal education or skills training in trades including tailoring, carpentry, masonry or agriculture through assistance by the UNICEF and UNDP under the disarmament, demobilization, rehabilitation and reintegration (DDRR) programme.

Clause (d). Identifying and reaching out to children at special risk. 1. Child orphans of armed conflict, HIV/AIDS and Ebola. The Committee previously noted that according to UNICEF estimates of 2011, there were approximately 230,000 orphans in Liberia due to armed conflict and HIV/AIDS.

The Committee notes the information from UNICEF that a social cash transfer scheme was launched by the Government with support from UNICEF, and funding from the European Commission and the Government of Japan to protect children living in poor and vulnerable households. Accordingly, beneficiary households receive monthly cash transfers that vary according to the size of the household with additional sums provided for each child enrolled in school. To date, 1,900 families are receiving support through this programme, of which 54 per cent of beneficiaries are children. The Committee, nevertheless notes that according to the UNAIDS estimates of 2013 there are more than 40,000 orphans due to HIV/AIDS who are aged under 17 years; while the ICRC estimates indicate that more than 3,000 children in Liberia have lost one or both parents to the Ebola virus. The Committee notes with concern that the situation of child orphans has been exacerbated with the outbreak of Ebola virus in the country. In view of the fact that orphans are 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 requests the Government to provide detailed information on the measures taken in this regard and on the results achieved.

2. Ivorian refugee children. The Committee notes that according to the United Nations High Commissioner for Refugees (UNHCR), since 2013, more than 30,000 Ivorian refugees who had been residing in Liberia were returned to their home country; around 8,737 early childhood, primary and secondary students returned to school; around 2,700 refugee children were issued with birth certificates; more than 350 refugee children were provided with informal secondary education; some 600 unaccompanied minors or separated children were registered in Liberia; and some 90 unaccompanied children were reunited with their family in Cote d’Ivoire. The Committee requests the Government to continue taking measures to protect Ivorian refugee children from the worst forms of child labour and to provide information on the results achieved.

Application of the Convention in practice. According to the findings of the 2012 survey conducted by ILO and the Liberia Institute of Statistics and Geo-information Services, of the estimated population of 937,000 children of 6–17 years in Liberia, 175,000 children were found working. Out of this, about 43,000 children were deemed to be engaged in child labour of which 38,000 child labourers were found in hazardous work. More than 53 per cent of children were working in the agriculture sector, 28.8 per cent in the services sector and 14 per cent in the industrial sector. Considering the large number of children under 18 years of age who are engaged in hazardous work, the Committee urges the Government to intensify its efforts to protect children from these forms of child labour. It requests the Government to continue to provide statistics and other information on the nature, extent, and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information should be disaggregated by sex and age.