Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ghana (Ratification: 2000)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022, as well as the Government’s report. It notes that the ILO Technical Advisory Mission (TAM), requested by the Committee in its previous comments, took place in April 2021.

Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, and for illicit activities, in particular for the production and trafficking of drugs. The Committee notes with regret the Government’s information in its report that it is not in a position to provide the information requested by the Committee on the application in practice of: (1) section 101A(2)(b) of the of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act 2012, which prohibits the use of children under 18 years of age in pornography and pornographic performances and establishes penalties for offenders; and (2) section 200B(4) of the same Act, which covers the offences related to the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs. The Committee requests the Government to take measures to ensure that information is collected on the application in practice of sections 101(A)(2)(b) and 200B(4) of the Criminal Offences Act, in terms of the number of prosecutions, convictions and penal sanctions applied. It requests the Government to provide information on the progress made in this regard and on the requested statistics, once collected.

Article 6. Programmes of action. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour (2017–21). Following its previous comments, the Committee takes due note of the detailed information provided by the Government regarding the results achieved through the implementation of the National Plan of Action – Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2). The Government indicates that discussions are ongoing regarding the possibility of either extending the implementation of the NPA2 or developing a new plan of action. The Committee encourages the Government to take the necessary measures to ensure that either the NPA2 is extended or a new plan of action is developed. It requests the Government to provide information on the progress made in this regard, and on the impact of the new plan of action, once adopted, on the elimination the worst forms of child labour.

2. National Plan of Action for the Elimination of Human Trafficking (NPA) (2017–21). Following its previous comments, the Committee notes with interest the adoption of the National Plan of Action for the Elimination of Trafficking in Ghana (NPA) 2022–26, which is centred around the four Ps: (1) Preventing new children from being trafficked through awareness-raising, sensitization and capacity building; (2) Protecting children already trafficked through withdrawal, rehabilitation and reintegration; (3) Prosecuting the perpetrators; and (4) effective Partnerships and coordination. The Committee requests the Government to provide information on the implementation of the measures taken to prevent the trafficking of children within the framework of the NPA 2022-26, and the results achieved including the number of children prevented and withdrawn from trafficking and rehabilitated.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, during the ILO TAM, several representatives from the Government, Employers and Workers referred to various measures that have been taken to ensure that every child receives at least a basic level of education. The Committee notes the information provided by the Government in this regard, including the implementation of various measures aimed at improving school enrolment and retention, including free education at primary and secondary levels; the provision of uniforms, textbooks and the expansion of school feeding programmes; the construction and renovation of school buildings; the provision of school materials to 74,227 children; the improvement of the infrastructure of 100 communities with a view to supporting education, and more. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the measures taken to improve the functioning of the education system, as well as up-to-date statistical information on school enrolment, completion and dropout rates at the primary and secondary education levels. To the extent possible, this information should be disaggregated by age and gender.

Article 7(2)(d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVC). Following its previous comments, the Committee notes the Government’s indication that orphaned and vulnerable children continue to be protected under the Livelihood Empowerment Against Poverty (LEAP) programme, and in the 344,185 households who are benefiting, 362,193 persons, representing 23.89 per cent, are child orphans of HIV/AIDS and OVCs. The Committee notes, however, that according to the report of the ILO TAM, the Worker representatives noted that more should be done on this issue, that policies should be taken to protect orphans and advocacy campaigns should be intensified to avoid stigma. Recalling that OVCs are at a greater risk of being involved in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken in this regard, as well as their impact, including the number of orphans who have been reached through such initiatives.

Article 8. International Cooperation and assistance. Elimination of poverty. The Committee notes with interest the various initiatives implemented by the Governments and other partners on poverty alleviation and the extension of social protection. According to the report of the ILO TAM, these include: (i) support from multiple actors (including the Government, the Ghana Cocoa Board, and NGOs) to cocoa farmers; (ii) initiatives and cooperation to ensure child labour-free cocoa production in global supply chains; (iii) the introduction of social protection floors in the farmers’ community, including free health insurance (169 cocoa growing communities benefited from improved access to health services); (iv)support programmes for women and domestic workers; and (v) the adoption of the Coordinated Programme of economic and social development policies 2017–2024, aiming to create prosperity and equal opportunity for all. In addition, the Government indicates in its report that it has been implementing the LEAP programme, which has benefited 1,518,624 people. All beneficiaries are enrolled into the National Health Insurance Scheme and all children of school age in beneficiary households are enrolled into formal education. The Government also adds that effective and sustainable child protection systems to prevent and address child labour were implemented to the benefit of 370,000 cocoa farmers. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee requests the Government to supply information on the impact of the measures taken, or of any other poverty reduction or social protection programmes, on the elimination of the worst forms of child labour.