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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ghana (Ratification: 2000)

Autre commentaire sur C182

Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The Committee notes the detailed discussion, which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Ghana of the Convention, as well as the Government’s reports.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee previously noted from the document on the National Plan of Action (NPA) for the Elimination of Human Trafficking in Ghana 2017–21 that the Anti-Human Trafficking Unit (AHTU) of the Ghana Police Service conducts investigations of cases of trafficking of persons and seeks to prosecute offenders; and that the Anti-Human Smuggling and Trafficking in Persons Unit (AHSTIPU) of the Ghana Immigration Service investigates and arrests human trafficking and smuggling offenders while also building the capacities of immigration officials to detect such cases. It noted, however, that according to this document, Ghana continues to be a source, transit and destination country for trafficking of persons, while trafficking of girls and boys for labour and sexual exploitation is more prevalent within the country than transnational trafficking. The document further indicated that children are subjected to being trafficked into street hawking, begging, portering, artisanal gold mining, quarrying, herding and agriculture. The Committee requested the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed; and to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied by the AHTU and the AHSTIPU for the offence of trafficking in persons under 18 years of age, in accordance with the provisions of the Human Trafficking Act.

The Committee notes the observations of the ITUC that the number of prosecutions and convictions for the offences related to the trafficking of children is insufficient in comparison to the scale and persistence of this worst form of child labour.

The Committee notes the Government’s information, in its report, that the Ghana Police Service has introduced child friendly policing for all officers in all training institutions to effectively deal with child victims of trafficking and developed a standard operating procedure on child trafficking. It also notes from the Government’s written information to the Conference Committee that a total of 556 human trafficking cases were investigated out of which 89 accused persons were prosecuted and 88 were convicted. Out of the convictions, 41 were under the Human Trafficking Act, 20 under the Children's Act, 1998 and 27 convictions were related to other offences. Out of the 88 convicts, 65 were given jail terms ranging from 5–7 years and the remaining 23 convicts were fined up to 120 penalty units each (a penalty unit is GH12 Cedis, approximately US$240). The Committee, however, notes that the number of prosecutions and convictions regarding trafficking in persons remain low, despite the significant number of investigations initiated. The Committee therefore strongly urges the Government to pursue its efforts to strengthen the capacity of the law enforcement officials, including the Ghana police Service, AHTU, AHSTIPU, prosecutors and judges so as to ensure that thorough investigations and prosecutions of persons who engage in 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 continue to provide information on the measures taken in this regard as well as specific information on the number of prosecutions, convictions and specific penalties applied on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 101A of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act of 2012 defines “sexual exploitation” as the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography and establishes penalties for sexually exploiting a child. Observing that this provision applies only to children under 16 years of age the Committee requested the Government to take the necessary measures to ensure that its legislation is amended in order to protect all persons under the age of 18 years from the production of pornography and pornographic performances.

The Committee notes the statement made by the Government representative of Ghana to the Conference Committee that section 101A(2)(b) of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act 2012, covers the use of children in pornography and pornographic performances, and establishes penalties for offenders. Section 101A(2)(b) states as follows: “A person who sexually exploits another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.” The Committee notes the Government’s information that a child in this context means a person under the age of 18 years as defined under section 1 of the Children’s Act of 1998. The Committee requests the Government to provide information on the application in practice of section 101A(2)(b), including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances.

Clause (d) and Article 7(2)(a) and (b). Hazardous work in cocoa farming, and preventing children from being engaged in and removing them from such hazardous work. In its previous comments, the Committee noted the Government’s information on the various measures taken by the Ghana Cocoa Board in collaboration with other social partners such as the International Cocoa Initiatives, WINROCK, and the World Cocoa Foundation to prevent child labour and hazardous work in the cocoa sector. It noted, however, from a report by Understanding Children’s Work (UCW) of 2017, entitled Not Just Cocoa: Child Labour in the Agricultural Sector in Ghana that the incidence of children’s employment in cocoa had increased and that almost 9 per cent of all children (about 464,000 children) in the principal cocoa growing regions were involved in child labour in cocoa, of whom 84 per cent (294,000 children) were exposed to hazardous work, resulting in injuries, including serious ones. The majority of these children were working as unpaid family workers. The Committee urged the Government to intensify its efforts to prevent children under 18 years of age from being engaged in hazardous types of work in this sector, remove them from such work and rehabilitate them, by ensuring their access to free basic education and vocational training.

The Committee notes the information provided by the Government in its written information to the Conference Committee on the various interventions made to improve school enrolment which have led to 98 per cent and 95 per cent enrolment rates at the primary and secondary school levels, respectively. In addition, measures are also been taken in collaboration with the social partners to intensify child labour awareness and sensitisation activities throughout the country. The Committee also notes the statement made by the Government representative that the interventions to address the causes of child labour have been implemented, such as measures that contribute to improving cocoa productivity and the income of farmers. Moreover, the Governments of Ghana and Cote d’Ivoire and the representatives of the International Chocolate and Cocoa Industry initiated a public–private partnership aimed at accelerating the elimination of child labour in the cocoa sector.

The Committee notes the ITUC’s observation that cocoa has a prime place in the country’s economy which brings in about 40 percent of Ghana’s total earnings. The ITUC further states that child labour in its worst forms also has implications for Ghana’s cocoa supply chains in the global economy.

In this regard, the Committee notes that the Trade for Decent Work Project (T4DW Project), a productive partnership project funded by the European Commission (EC) has been launched in Ghana in April 2021. This project will support Ghana at improving the application of the ILO fundamental Conventions, in particular regarding child labour and the worst forms of child labour, in sectors with high incidence such as the cocoa sector. The Committee notes that the Conference Committee deeply deplored the high number of children who continued to be involved in hazardous work in the cocoa industries. While taking note of the measures taken by the Government, the Committee must express its concern at the high number of children involved in hazardous work in the cocoa sector. The Committee therefore strongly urges the Government to intensify its efforts to prevent children under 18 years of age from being engaged in hazardous types of work in this sector. It requests the Government to continue to provide information on the measures taken in this regard as well as the measures taken to ensure that child victims of hazardous types of work are removed from such work and rehabilitated, particularly by ensuring their access to free basic education and vocational training. It also requests the Government to provide information on the activities undertaken within the framework of the T4DW project, particularly with regard to child labour in the cocoa sector and the results achieved.

Article 4(1) and (3). Determination and revision of the list of hazardous types of work. In its previous comments, the Committee noted the Government’s statement that the process for comprehensive review on hazardous activities had begun and that measures were taken to adopt and incorporate the Ghana Hazardous Child Labour List (GHAHCL), into the Children’s Act. Noting that the Government had been referring to the revision of the list of hazardous types of work since 2008, the Committee urged the Government to take the necessary measures, without delay, to ensure the finalization and adoption of the GHAHCL and its incorporation into the Children’s Act.

The Committee notes the Government’s information that the Hazardous Activities Framework (HAF) developed for the Cocoa sector in 2008 and the HAF covering other 17 sectors developed in 2012 are being reviewed. There has been an inception meeting of stakeholders and a technical committee meeting towards the revision of the HAF. The technical committee will identify other sectors for inclusion in the HAF and the final document will be reconciled with the hazardous list in the Children’s Act. Moreover, the Government indicates that within its partnership project T4DW, a consultant has been selected to lead the discussions of the review of the HAF. In its conclusions, the Conference Committee urged the Government to adopt the GHAHCL and incorporate it into the Children’s Act without delay. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the GHAHCL is finalized and adopted in the near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking in the fishing industry and domestic service. The Committee previously noted the information from a study carried out by ILO–IPEC that children are engaged in hazardous fishing activities and are confronted with poor working conditions. Among the children engaged in fishing activities, 11 per cent were aged 5–9 years and 20 per cent were aged 10–14 years. Furthermore, 47 per cent of children engaged in fishing in Lake Volta were victims of trafficking, 3 per cent were involved in bondage, 45 per cent were engaged in forced labour and 3 per cent were engaged in sexual slavery. It also noted from the document concerning the National Plan of Action (NPA) for the Elimination of Human Trafficking in Ghana 2017–21 that boys and girls are trafficked into forced labour in fishing and the domestic service, in addition to sex trafficking which is most prevalent in the Volta region and in the oil-producing western region. This document also indicated that across the 20 communities in the Volta and central regions, 35.2 per cent of households consisted of children who had been subjected to trafficking and exploitation primarily in the fishing industry and domestic servitude. The Committee urged the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking and to remove child victims from the worst forms of child labour and ensure their rehabilitation and social integration.

The Committee notes the statement made by the Government representative that the AHTU and the AHSTIPU, in their efforts towards the elimination of trafficking of children, have strengthened their collaboration with Civil Society Organizations (CSO) as well as international partners particularly the International Organisation for Migration (IOM). These institutions undertake monitoring and rescue exercises on the Volta Lake and in the Central Region and conduct awareness raising and sensitization activities in targeted areas. Moreover, stakeholder groups, including Community Child Protection Committees (CCPC), child rights clubs, farmer cooperative and associations, fishermen, boat owners and teachers have been formed to create awareness and to monitor trafficking of children and child labour. According to the Government representative, about 2,612 CCPCs have been formed and as a result 7,543 children in child labour and at risk of being involved in child labour have been identified through routine monitoring systems. Furthermore, under the Child Protection Compact Agreement of 2018, a total of 11 government and private shelters are functioning, with 142 children residing in various shelters.

The Committee further notes the information from a report by the IOM that in March 2021, the Ghana Police Service rescued 18 child victims of trafficking between the ages of 7 and 18 years who were exploited in the fishing industry on the Volta lake. The Committee notes that the Conference Committee noted with grave concern the information relating to the trafficking of children for labour and sexual exploitation and deeply deplored the high number of children who continued to be involved in hazardous work in the fishing industries and in domestic servitude. While noting the efforts made by the Government to combat trafficking of children, the Committee strongly encourages the Government to intensify its efforts to prevent children from becoming victims of trafficking and to remove child victims from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to continue providing information on the measures taken in this regard and the results achieved in terms of the number of child victims of trafficking, disaggregated by age and gender, who have been removed and rehabilitated.

2. Trokosi system. The Committee previously noted that, despite the Government’s efforts to withdraw children from trokosi (a ritual in which teenage girls are pledged to a period of service at a local shrine to atone for another family member’s sins), the situation remained prevalent in the country. It also noted that the United Nations Human Rights Committee in its concluding observations of 9 August 2016 (CCPR/C/GHA/CO/1, paragraph 17) expressed concern about the persistence of the trokosi system, notwithstanding their prohibition by law. The Committee urged the Government to indicate the measures taken or envisaged to protect children from the practice of trokosi system as well as to withdraw child victims of such practices and to provide for their rehabilitation and social integration.

The Committee notes the statement made by the Government representative that the trokosi system has been outlawed and there is no official data on this practice. The Government, in partnership with stakeholders, has been sensitizing and educating stakeholders such as fetish priests/priestesses, family heads, traditional rulers, religious bodies and indigenes on the abolition of trokosi.

The Committee notes the observations made by the ITUC that the harmful practice of servitude and debt bondage is still ongoing and thousands of children are suffering its consequences. The Government must ensure that children are not subjected to this practice and must take measures to monitor the enforcement of the law and to carry out an appropriate statistical evaluation system. According to the Government’s report a total of 328 children have been rescued from the trokosi practice over the last six years. The Committee notes that the Conference Committee noted with grave concern the information relating to the unacceptable conditions experienced by teenage girls trapped in the trokosi system. The Committee therefore once again urges the Government to strengthen its measures to protect children from the practice of trokosi system as well as to withdraw child victims of such practices and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this regard as well as information on the number of children under 18 years of age who have been removed from the trokosi system and rehabilitated.

Referring to the recommendations made by the Conference Committee, the Committee requests the Government to accept an ILO Technical Advisory Mission, within the context of the current technical assistance provided by the ILO, to help expedite its efforts to eliminate the worst forms of child labour.

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