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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cameroun (Ratification: 2002)

Autre commentaire sur C182

Observation

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The Committee takes note of the observations of the General Union of Workers of Cameroon (UGTC) of 16 September 2021. The Committee requests the Government to send its comments in reply to the observations made by the UGTC.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted section 342-1 of the new Penal Code, which renders any person who engages in the trafficking of persons liable to imprisonment. The Committee also noted, according to the estimates of the study produced jointly by the Government and the “Understanding child labour” programme, that between 600,000 and 3 million children were victims of trafficking in Cameroon but that the number of investigations into the trafficking of children was very low, and so this could hardly be considered an adequate response given the scale of the problem. In the Committee on the Application of Standards at the 104th Session of the International Labour Conference in June 2015, the Government representative of Cameroon pointed out that the low number of investigations was due to the small number of complaints made. The Committee also noted the Government’s indications that measures had been taken to raise the awareness of stakeholders involved in combating child labour, but observed that this did not respond to its concerns regarding the low number of investigations and prosecutions in this field.

The Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2017, again noted with concern the persistence of trafficking for the purposes of forced prostitution of women or child domestic labour. The Committee was also concerned at reports that most cases of trafficking were detected by civil society organizations (CCPR/C/CMR/CO/5, paragraph 31).

The Committee notes the Government’s indications in its report that a freephone number and helpline has been set up for the purpose of reporting cases of human trafficking. The Government also indicates that the law enforcement agencies intercepted 40 Baka (adults and children) who were victims of trafficking and that the perpetrator of this act was handed over to the competent authorities. Moreover, the competent operational technical units of the Ministry of Social Affairs took care of 381 victims of trafficking, including 304 children, in the first six months of 2020.

The Government indicates that any allegation relating to the sale and trafficking of children triggers an investigation and, where appropriate, leads to the prosecution and conviction of the perpetrators. According to the Government, 13 children (7 boys and 6 girls) were victims of trafficking in 2020 and judicial proceedings have been opened against the perpetrators. Moreover, the Government indicates that the Regional Court of Diamaré sentenced one person to three years’ imprisonment for having instigated the transfer of two children (nine and 11 years old) from Kousseri to the border with Chad to meet an unknown person, in violation of the provisions of section 342-1(2)(a) of the Penal Code.

While noting the efforts made to intercept child victims of trafficking in Cameroon, the Committee notes with concern that the number of prosecutions and convictions remains low. Recalling that the established penalties are only effective if they are actually applied, the Committee requests the Government to intensify its efforts, including by reinforcing the capacities of law enforcement bodies, to ensure that all persons who engage in the trafficking of children are investigated and prosecuted, and that penalties which constitute an effective deterrent are imposed. The Committee requests the Government to provide information on the number of investigations conducted by the competent services in relation to the trafficking of children under 18 years of age and on the number of prosecutions initiated. It also requests the Government to indicate the sentences imposed on persons guilty of the trafficking of children, the facts giving rise to the convictions, and the provisions under which the penalties have been imposed.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. In its previous comments, the Committee observed that the provisions of the Penal Code adopted through Act No. 2016/007 – including sections 344 and 346 prohibiting the corruption of young people and indecent behaviour in the presence of a minor – do not adequately prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee also noted that the Conference Committee had urged the Government to adopt and implement the Child Protection Code, which had been pending for almost ten years, in order to prohibit the use, procuring or offering of children for the above-mentioned purposes.

The Committee notes the Government’s indication that sections 80–83 of Act No. 2010/012 of 21 December 2010 concerning cybersecurity and cybercrime in Cameroon makes any person liable to punishment who commits the above-mentioned acts in relation to children. The Committee observes that under section 80 of the above-mentioned Act any person who disseminates, fixes, records or transmits for payment or free of charge images depicting paedophilic acts on a minor through electronic media or an information system shall be liable to punishment. Furthermore, any person who offers, makes available or disseminates, imports or exports, by any electronic means whatsoever, an image or representation of a paedophilic nature, or any person who possesses paedophilic images or representations, shall be liable to punishment. Under section 81, any person who offers, produces or makes available child pornography with a view to its dissemination, or who procures for self or others, or disseminates or transmits, child pornography through an information system, or adults who make sexual proposals to young persons under 15 years of age, shall be liable to punishment. Moreover, indecent acts committed through electronic media (section 82) also constitute an offence.

The Committee observes that Act No. 2010/012 of 21 December 2010 addresses only the production or electronic dissemination of pornographic material involving children, which appears to include the use, but not the procuring or offering, of children for the production of pornographic material. Moreover, the Committee notes with regret that the Government does not supply any information on the prohibition on the use, procuring or offering of children for illicit activities. The Committee requests the Government to provide information on the application in practice of the relevant provisions of Act No. 2010/012 of 21 December 2010 concerning the use, procuring or offering of children under 18 years of age for the production of pornographic material or for pornographic performances. It also requests the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities is prohibited by the legislation of Cameroon as quickly as possible, and to provide information on measures taken in this regard.

Article 4(3). Periodic review and revision of the list of hazardous types of work. In its previous comments, the Committee noted that Order No. 17 of 27 May 1969 concerning child labour (Order No. 17) does not prohibit work under water or work at dangerous heights, as in the case of children employed in fishing or banana harvesting. The Committee noted that the Conference Committee had urged the Government to urgently revise, in consultation with the social partners, the list of hazardous types of work established by Order No. 17 in order to prevent the engagement of children under 18 years of age in hazardous activities, including underwater work and work at dangerous heights. In this regard, the Government indicated that the revision of the list of hazardous types of work was due to take place in 2018 and would be undertaken in conjunction with the social partners.

The Committee notes the Government’s indication that the process for the revision of the list of hazardous types of work is under way. Observing that the Government has been referring to this for many years, the Committee urges the Government to take the necessary steps to ensure, as quickly as possible, the adoption of the revised and adapted list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners. The Committee once again requests the Government to provide information on progress made in this respect.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the number of children who were HIV/AIDS orphans in Cameroon had risen from 310,000 in 2014 to 340,000 in 2016. The Committee asked the Government to take immediate and effective measures to protect these children from the worst forms of labour.

The Committee notes the Government’s indications that Cameroon has a national strategy for the care of orphans and vulnerable children, implemented by the Ministry of Social Affairs, which includes cases of HIV/AIDS orphans in its operations. To this end, welcome centres set up throughout the national territory take care of the children, who receive training in various fields with a view to their social integration. While noting the measures taken by the Government, the Committee observes that the number of HIV/AIDS orphans continues to rise, with UNAIDS estimating putting this figure at 390,000 in 2020. Recalling that children who are HIV/AIDS orphans are at particular risk of being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect them from these worst forms of labour, particularly as part of the national strategy for the care of orphans and vulnerable children. The Committee also requests the Government to provide information on the measures taken in this respect and the results achieved, and also on the number of HIV/AIDS orphans who have been received by the welcome structures set up for their benefit.

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