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

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

Autre commentaire sur C182

Observation

2022
2018
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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that the Children’s Code of 2008 prohibited trafficking in persons, including children, for sexual or labour exploitation, and that anyone who engaged in or was an accomplice to trafficking in children would be liable to imprisonment of three to ten years and a fine of 1–3.5 million Guinean francs (GNF) (US$110–400). The Committee also noted with concern that no convictions had been handed down between 2011 and 2015, particularly in relation to cases of trafficking of children for sexual exploitation. It noted the Government’s statement that a Bill prohibiting child labour and trafficking was being drawn up. The Government indicated that the penal part of the aforementioned Bill had been referred to the Ministry of Justice to be incorporated into the new Penal Code. In this regard, the Committee asked the Government to ensure that the Bill prohibiting child labour and trafficking would be adopted as soon as possible.

The Committee notes with interest the adoption in 2016 of Act No. 2016/059/AN issuing the Penal Code, section 323 of which prohibits trafficking in persons for economic and sexual exploitation. The Committee notes that section 324 provides that any person guilty of trafficking a minor shall be liable to five to ten years’ imprisonment and a fine of GNF100 million (nearly $11,000). However, the Committee notes the annual statistics of the Office for the Protection of Gender, Childhood and Morality (OPROGEM) provided with the Government’s report, indicating that four children under 18 years of age were victims of trafficking in 2017. It notes the Government’s indication that the Central Office for Combating Organized Crime (OCLCO), which includes the Anti-Trafficking Division, has recorded only one case of international trafficking of children in the last two years. The Committee notes the Government’s indication, in its report to the United Nations (UN) Human Rights Committee (HRC), in October 2017, that arrests are often made in relation to child trafficking but few cases have resulted in convictions by the courts (CCPR/C/GIN/3, paragraph 242). Recalling that the best legislation only takes on real value if it is applied, the Committee urges the Government to take the necessary steps to ensure the effective application of Act No. 2016/059/AN issuing the Penal Code, indicating the number of children who are victims of trafficking and the number and nature of convictions and penalties imposed.

Articles 3(d), and 4(1) and (3). Determination and revision of the list of hazardous types of work. The Committee previously noted the Government’s indication that, with regard to the Bill prohibiting child labour and trafficking, the part relating to the worst forms of child labour had been examined by the Labour and Social Legislation Advisory Committee in 2015, and the revised list of hazardous types of work had been drawn up.

The Committee notes the Government’s indication that the Bill revising the list of hazardous types of work prohibited for children has not been adopted yet. It notes that the Labour Code prohibits hazardous work for children under 18 years of age (section 137) and that the Children’s Code of 2008 prohibits certain types of work for children under 18 years of age (chapter V). The Committee notes the Government’s indication, in its report on the Minimum Age Convention, 1973 (No. 138), that the Anti-Child Labour, Dialogue and Social Protection Division (Anti-Child Labour Division) is going to resume the process for signing a draft order prohibiting hazardous work for children and establishing the list of hazardous types of work. The Committee expresses the firm hope that the Bill prohibiting child labour and the revised list of hazardous types of work will be adopted as soon as possible and requests the Government to send copies of the texts when they have been adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. Hazardous work. The Committee previously noted that, according to the UN Committee on the Rights of the Child (CRC), large numbers of children were working in mining, agriculture and the fishing industry in dangerous conditions and were obliged to work excessively long hours. The CRC added that girls, some as young as 5 years of age, were employed as domestic workers and carried heavy loads, often without pay, and were targets of psychological, physical and sexual violence. The Committee notes the Government’s indication that OPROGEM has the mandate of formulating, planning and monitoring all activities, programmes and policy measures for safeguarding vulnerable population groups and protecting morality. It asked the Government to provide information on OPROGEM’s activities to combat the worst forms of child labour.

The Committee notes the Government’s indications that the OCLCO, which includes the Anti-Trafficking Division, has the mandate of investigating the perpetrators of organized crime, identifying and prosecuting them. The OCLCO action plan for the 2019–21 period provides, inter alia, for strengthening staff numbers, setting up operational units on the ground, and identifying locations where the worst forms of child labour are practised, especially mines, farms, industrial establishments, vehicle repair garages, carpentry workshops and Koranic schools, with a view to identifying the perpetrators of the worst forms of child labour. The Committee notes that the Government indicates that OPROGEM’s work also involves seeking information, gathering proof and arresting the perpetrators of offences in relation to its area of competence. It also notes the Government reference, in its report to the HRC in October 2017, to the continuing exploitation of children, despite legislative and regulatory progress (CCPR/C/GIN/3, paragraph 107). The Committee notes that, according to the final report of the Multiple Indicator Cluster Survey (MICS) conducted by the National Institute of Statistics (INS) in 2016 and published in July 2017, more than one in four children (26.5 per cent) under 18 years of age are working under dangerous conditions (page 257). The Committee requests the Government to take the necessary steps to strengthen the capacities of the OCLCO and OPROGEM for monitoring and combating hazardous child labour and to provide information in this respect. In particular, it requests the Government to provide information on the number and nature of reported offences, prosecutions, convictions and penalties imposed in cases involving hazardous child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and giving special attention to the situation of girls. Ensuring access to free basic education. The Committee previously noted the Government’s indication that the education system was short of capacity. The Government also reported several other challenges that impair the quality of education and make access more difficult, such as bad sanitary conditions in schools, the inadequacy of infrastructure and training, the poor quality of teaching and the persistence of certain socio-cultural stereotypes and obstacles which hamper universal school enrolment, particularly for girls. In this regard, the CRC observed not only a major gender gap in school enrolment but also geographical disparities. The Committee noted that, according to the 2014 report The twin challenges of child labour and educational marginalization in the ECOWAS [Economic Community of West African States] region, produced under the Understanding Children’s Work (UCW) programme, at least one third of working children did not attend school. The difference in school attendance rates for working and non-working children was particularly high (32 per cent). UNESCO indicated that in 2013 the net enrolment rate in primary education was 75.1 per cent and in 2012 the gross enrolment rate in secondary education was 38.1 per cent.

The Committee notes that the Government has not provided any information in this respect. It notes the Government’s indication in its report to the CRC in August 2017 that statistics for primary education for 2013–14 showed little change by comparison with 2012–13. Moreover, between 1999 and 2014, there was no increase in infrastructure and the number of pupils per classroom barely changed (CRC/C/GIN/3-6, paragraphs 104 and 105). UNESCO points out, in the Global Education Monitoring Report 2017–18, that there is limited access to drinking water and electricity in primary schools in the country (page 226). The Committee also notes that, according to the MICS final report of 2017, almost two out of five children (39.7 per cent) do not attend school. In 2016, the primary education completion rate was 55.7 per cent for girls, compared with 66.5 per cent for boys (page 239). The gross enrolment rate in secondary education was 42.3 per cent for 2016 and the gender parity index in secondary education stood at 0.68. Considering that access to education and school attendance are key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to take steps to increase the school enrolment, attendance and completion rates at both the primary and secondary levels, giving particular attention to the situation of girls. The Committee requests the Government to provide information on the measures taken and the results achieved, including statistics on school attendance and completion rates.

Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Talibé children. The Committee noted previously that families entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are obliged to perform various tasks, including begging. The Committee noted that the Children’s Code of 2008 provided that any person who incites or compels a child to engage in begging shall be liable to imprisonment of three months to one year and a fine of GNF50,000–200,000 (US$5.50–22).

The Committee notes the adoption in 2016 of Act No. 2016/059/AN issuing the Penal Code, which provides that any person who exploits begging undertaken by a minor shall be liable to three to five years’ imprisonment and/or a fine of GNF1 million–5 million (US$550–1,100). However, the Committee observes the Government’s indication, in its report to the HRC in 2017, that despite legislative and regulatory progress, begging undertaken by children remains a major concern in Guinea (CCPR/C/GIN/3, paragraph 107). It further notes that the CRC expressed serious concern at the limited number of investigations, prosecutions and convictions for offences connected with forced begging (CRC/C/OPSC/GIN/CO/1, paragraph 32). The Committee urges the Government to adopt the necessary time-bound measures to remove children under 18 years of age from begging further to the prosecution of marabouts under the Penal Code, and to provide information in this regard. It once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age are rehabilitated and socially integrated.

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