Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Angola (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee previously noted that section 19(2) of Act No. 3 of 2014 (on offences related to money laundering and organized crime) treats as a criminal offence the offering, provision, acceptance, transportation, reception or accommodation of a minor for sexual or labour exploitation, any of which is punishable by imprisonment of eight to 12 years. Section 23 of Act No. 3/14 also establishes penalties for the trafficking of minors to foreign countries for sexual exploitation. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee, however, notes from the concluding observations of June 2018 of the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) that as of March 2018, five investigations concerning the sale of children were initiated (CRC/C/OPSC/AGO/CO/1, paragraph 7). The Committee also notes that section 196 of the new Penal Code No 38 of 2020 provides penalties for the offences related to trafficking of minors under 18 years for sexual exploitation. The Committee requests the Government to provide information on the application in practice of section 196 of the Penal Code of 2020 and sections 19(2) and 23 of the Act No 3 of 2014, indicating the number of prosecutions, convictions and penal sanctions applied for the offences related to the sale and trafficking of children under 18 years for sexual or labour exploitation. It also requests the Government to provide information on the findings of the five cases initiated concerning the sale and trafficking of children under 18 years of age as well as any criminal penalties applied.

2. Children in armed conflict. The Committee notes that the CRC, in its concluding observations of June 2018, on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, expressed concern about the recruitment and use of children above the age of 16 in hostilities by armed forces and non-State armed groups, as well as the recruitment and use of children by private security companies and that such practices are not explicitly prohibited or criminalized. The CRC acknowledged the information that 11 children who had reportedly recruited by militias in the Democratic Republic of the Congo, has been registered. The CRC further noted the practices of abuse of girls as porters, domestic workers or sex slaves in the context of children in armed conflict (CRC/C/OPAC/AGO/CO/1, paragraphs 16 and 20). The Committee requests the Government to take effective measures to prohibit and criminalize the use, procuring or offering of children under 18 years for armed conflict and to ensure that sufficiently effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. The Committee also requests the Government to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Joint Executive Decree No. 171 of 2010, which establishes the activities prohibited to minors, includes the production of pornography.

The Committee notes that the Government has not provided any information relating to the Committee’s previous request concerning the application in practice of Decree No.171 of 2010. The Committee notes that section 198 of the Penal Code of 2020 also provides for penalties of imprisonment for up to ten years for the offences related to the using, promoting, facilitating or allowing minors under 18 years to participate in child pornography or acquiring, holding, offering, distributing, transmitting or broadcasting child pornography. “Child pornography” refers to any pornographic material that represents visually or audibly or virtually or real appearances of persons under 18 years of age in sexually explicit behaviour. The Committee requests the Government to provide information on the application in practice of section 198 of the Penal Code of 2020, indicating the number of prosecutions, convictions and penalties imposed for the offences related to the use, procuring or offering of young persons under the age of 18 years for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Children in street situations. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict had resulted in children living on the streets. The Government indicated that, although the number of street children was decreasing as a result of a relative improvement in the population’s living conditions, a large number of children still lived on the streets. Efforts had been made as part of a specific programme designed to reunite street children with their families of origin or place them in host families, and cooperation had been established between several public partners in order to implement programmes to create and improve private institutions accommodating street children (with integrated education and vocational training activities). It further noted the Government’s indication, in its report to the CRC, that the number of street children had decreased (CRC/C/AGO/5-7, paragraph 175). Noting an absence of information in the Government’s report, the Committee once again requests the Government to intensify its efforts to ensure that children in street situation are protected against the worst forms of child labour and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of street children who have benefited from educational and vocational training programmes in specialized institutions.