Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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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Articles 3, 5 and 7 of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its earlier comments, the Committee noted that section 2 of the Act to Ban Trafficking in Persons 2005 (Trafficking Act) prohibits all forms of trafficking, and section 7(c) provides for a harsher penalty when the victim of this offence is under the age of 18 years. It also noted that a National Anti-Human Trafficking Task Force (Task Force) co-chaired by the Ministries of Labour and Justice and which is responsible for conducting investigations on cases of trafficking was established in 2014. The Committee noted that human trafficking was prevalent in Liberia, both within and across the borders for different purposes, including for labour exploitation.

The Committee notes the Government’s information in its report, that the Task Force has been reactivated as of June 2018 and has increased its efforts to investigate and prosecute cases of trafficking including complicit officials. In this regard, the Task Force validated a National Referral Pathway which is a programmatic guide to trace, register and provide assistance to victims of trafficking. The National Referral Pathway has been submitted to the Cabinet for approval. The Committee also notes the Government’s information that major training programmes were conducted by the National Steering Committee to capacitate labour inspectors and commissioners, security personnel, prosecutors and judges in their fight against trafficking in persons. The Committee further notes that the 911 hotline, under the Secretariat of the Task Force, received 62 calls concerning trafficking in persons, of which four cases, involving Moroccan, Tunisian and Liberian nationals, were investigated and sent for trial. In addition, in three cases the perpetrators were prosecuted and convicted and penalties were handed down. However, the Committee notes that the Human Rights Committee on the International Covenant on Civil and Political Rights (CCPR), in its concluding observations of 27 August 2018, expressed its concern at the prevalence of trafficking, notably internal trafficking of women and children for the purposes of economic and sexual exploitation; and the weak implementation of the Act to Ban Trafficking in Persons (2005) combined with the very low rate of prosecution and conviction, as well as the lenient sanctions handed down against traffickers (CCPR/C/LBR/CO/1, paragraph 32). The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Act to Ban Trafficking in Persons (2005), in particular to ensure that perpetrators of trafficking of children are subject to thorough investigations and prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. It further requests the Government to provide information on the measures taken in this regard as well as information on the number of investigations, prosecutions, convictions and penalties imposed. Please provide data on the victims identified, disaggregated by gender, age and nationality.

Article 6. Programmes of action. 1. National Action Plan against Trafficking of Human Beings. The Committee notes the Government’s information that the Task Force is currently reviewing the National Action Plan (NAP) against Trafficking in Human Beings, with support from the International Development Law Organization (IDLO) and USAID. The Government indicates that this plan encompasses a clearly defined set of programmes and strategies in dealing with issues related to trafficking of persons. The Committee requests the Government to take the necessary measures to ensure that the NAP against Trafficking of Human Beings will be adopted and implemented, without delay. It further requests the Government to provide information on any progress made in this regard as well as the specific measures outlined within the NAP to combat trafficking of children.

2. National Action Plan for the elimination of the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the NAP for the elimination of the worst forms of child labour has been validated and is currently awaiting the approval of the Cabinet. The Committee expresses the firm hope that the NAP for the elimination of the worst forms of child labour will be adopted and implemented in the near future. It requests the Government to provide information on the progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child orphans of armed conflict, HIV/AIDS and Ebola. The Committee previously noted that according to the UNAIDS estimates of 2013 there were more than 40,000 orphans due to HIV/AIDS who were under the age of 17 years, while the International Committee of the Red Cross (ICRC) estimates indicated that more than 3,000 children in Liberia had lost one or both parents to the Ebola virus. The Committee urged the Government to take effective and time-bound measures to ensure the protection of child orphans from the worst forms of child labour.

The Committee notes the Government’s indication that it is working with relevant partners to promote safe spaces for child orphans including the provision of free and compulsory primary education. The Committee notes, however, that according to the UNAIDS estimates of 2017, there are around 37,000 children under the age of 17 years who are orphans due to AIDS. Considering that orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to continue to take effective and time-bound measures to ensure their protection from the worst forms of child labour, in particular by increasing their access to education and vocational training. The Committee requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Application of the Convention in practice. In its previous comments, the Committee noted that 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 were found in hazardous work. More than 53 per cent of children were working in the agricultural sector, 28.8 per cent in the services sector and 14 per cent in the industrial sector.

The Committee notes that the Government’s report does not contain any information on the measures taken to improve the situation of children involved in child labour and hazardous work. The Government states that the data on the worst forms of child labour is being collected and compiled by the Ministry of Labour through its Child Labour Division, with support from the National Steering Committee and local and international partners. It further indicates that efforts are being made to create public awareness on child labour, and training sessions on child labour are provided to labour inspectors and commissioners. Considering the large number of children under 18 years of age who are engaged in hazardous work, the Committee once again urges the Government to intensify its efforts to protect children from these worst forms of child labour. It requests the Government to provide up-to-date statistics and other information, including those collected and compiled by the Ministry of Labour, 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 age and gender.