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A Government representative said that child labour was a priority issue and that it held a central place within society. That was the reason why Cameroon had ratified Convention No. 182. The objective of the Government was to remove children from labour, particularly in the agricultural sector, in order to teach them the skills for a job or to enrol them in school. He added that Act No. 2005/015 of 29 December 2005 to combat the trafficking and smuggling of children had been adopted and that the scope of application of this Act had been broadened in 2011 in order to also cover child smuggling. He emphasized that his country had adopted a national plan of action to eradicate child labour. To that end, the Committee to Combat Child Labour had been set up in April 2015. He considered that the statistics that had been published were exaggerated as they had been provided by unofficial channels. He insisted that Cameroon was resolutely determined to eradicate child labour. In that regard, he referred to the International Day for the Protection of Children, held on 2 June 2015, when UNICEF had ranked Cameroon among the 25 countries that had adopted policies on child protection, and had commended the adoption by Cameroon of Act No. 2005/015. In conclusion, he indicated that his country had established the objective of eradicating child labour by 2017.
The Employer members indicated that 56 per cent of children under the age of 14, which was the minimum age for work, were currently engaged in work, and up to 40 per cent of them (1.6 million children or 8 per cent of the entire population) were engaged in the worst forms of child labour. According to a study partially prepared by the Government in 2012, between 600,000 and 3 million children were victims of human trafficking, which accounted for up to 15 per cent of the entire population. Children were engaged in domestic work, forced street begging, industrial work and commercial sexual exploitation, including child pornography, both within and outside of the country. Despite the measures taken to resolve these issues, the Employer members pointed out that they were too few and too slow. Referring to the Convention, they added that the measures taken were not immediate and effective, or not adopted with urgency. In particular, Act No. 2005/015 did not prohibit the use, procuring or offering of children for illicit activities and had resulted in only a few prosecutions involving children. Additionally, the drafting of the new Child Protection Code prohibiting the use, procuring and offering of children for pornography and sexual exploitation had been in process for nine years, since 2006. They appreciated the establishment of a committee of stakeholders, including organizations of employers and workers, to combat trafficking, as well as increased vice squad monitoring, carried out in conjunction with INTERPOL, and a constantly monitored phone line for anonymous complaints and three officers on permanent standby to investigate child labour issues. The Employer members emphasized, however, that these measures were not sufficient and urged the Government to take the immediate and effective measures it had agreed to adopt in 2002 when ratifying the Convention, and also to treat this matter with the urgency required by the Convention.
The Worker members said that they welcomed the Government’s announcements concerning legislation and the targets set. It was important, however, to emphasize the urgent nature of the issue of child labour, and particularly its worst forms. The Government’s reference to pressure exerted on certain individuals to collect statistical data on child labour only served to weaken its arguments. In that regard, they observed that an alarming number of children, representing almost half the population of Cameroon, suffered economic exploitation through the worst forms of child labour, which were themselves perpetuated by the lack of an effective Government response. The labour legislation set the minimum age for admission to employment at 14 years. It was estimated that the number of children under 14 engaged in work was at least 1.5 million, or around 28 per cent of children in that age group. Around 164,000 children aged between 14 and 17 were engaged in dangerous activities. Moreover, Cameroon had not reviewed its list of hazardous occupations, as required by Act No. 17 of 1969. In fact, Act No. 17 did not prohibit underwater work or work at dangerous heights, as in the case of children employed in fishing or to harvest bananas. According to UNAIDS, there were currently some 510,000 HIV/AIDS orphans in Cameroon that were particularly vulnerable to the worst forms of child labour. Often deprived of adequate family support, these children had no choice but to resort to economic activity to meet their needs. Many sectors of the economy were heavily reliant on child labour, including domestic service, street vendors, mining, agriculture, transport and construction. At least half the children in rural areas worked in agriculture, while in rural areas in the north of the country, the rate was as high as three quarters, mostly in tea and cocoa plantations, where production served international supply chains. Child domestic workers, most of whom were girls, suffered particularly difficult conditions, especially working days averaging 12 to 15 hours with no specific rest day. Although social services existed, the Government did not seem to have adopted effective policies to abolish the use of child labour in domestic work.
In the northern rural areas in the country, the tradition of sending boys to study religion in Koranic schools continued to be abused to force children to beg or perform other work, giving all their earnings to religious teachers. Children were also victims of abuse on urban streets, where they were employed in petty trades and other small-scale production activities, including by their parents. These children were particularly vulnerable to the worst forms of child labour, becoming victims of trafficking, forced labour, prostitution, begging networks, networks selling and trafficking drugs, and other forms of petty crime, as well as hazardous work. According to an ILO survey, nearly 4,000 children between 11 and 17 years of age, mainly girls, were subject to commercial sexual exploitation. The procuring or offering of children under 18 for the production of pornography or for pornographic performances and other illicit activities, including the production and trafficking of drugs, was not penalized. Despite repeated appeals by the Committee of Experts since 2006, the Government had still not adopted the Child Protection Code. Up to 3 million children were victims of human trafficking in Cameroon, which was a country of origin, destination and transit. However, the Government had not taken sufficient measures to ensure exhaustive investigations and effective prosecutions in order to bring the perpetrators to justice. The anti-trafficking legislation (Act No. 2005/015) was hardly applied, while penalties constituting an effective deterrent were not imposed in practice. For example, in 2013, it was indicated that the Government had conducted ten investigations into the trafficking of children and had assisted five children who had been victims of labour exploitation. Those investigations could hardly be considered an adequate response in view of the scale of the problem. The laxity in the application of the legislation was exacerbated by the fact that the labour legislation only applied to contractual employment relationships, while the majority of children who worked had no formal employment contract. Only 81 labour inspectors were employed by the Ministry of Labour and Social Security, which was totally inadequate for responding to the massive incidence of child labour in Cameroon. Furthermore, inspectors often did not have the necessary transport facilities or fuel to carry out their inspection tours. There were no reliable official statistics on the number of child labour violations, penalties or summonses issued, or of children assisted and provided with care following inspections. In conclusion, they emphasized the importance of the links between child labour and education. Children deprived of access to education had few alternatives to entering the job market, where they were often forced to work under hazardous conditions and were the victims of blatant exploitation. It was therefore crucial to extend access to free compulsory education in order to reduce child labour. Cameroon had fixed the age of completion of compulsory schooling at 14 years and the right to free education was provided for under Presidential Decree No. 2001/041. In practice, however, additional school fees and the cost of books and uniforms were prohibitive for many families and had been cited as the main cause of school drop-outs. Access to education was hampered by the remoteness of schools and the lack of drinking water in rural schools. In addition, at least 60 per cent of children were not registered at birth and as a result faced enormous difficulties, including with regard to education.
The Employer member of Cameroon condemned the use of child labour. However, he expressed surprise at the statistics that had been published and felt that the numbers had been exaggerated. The Government should act quickly in order to eliminate the worst forms of child labour. He recalled that his organization was a member of the Committee to Combat Child Labour, which had been mentioned by the Government representative. The Government needed to map the areas where child labour was an issue and ILO assistance would be necessary to that end.
The Worker member of Cameroon considered that the Government’s efforts to combat and eliminate the worst forms of child labour were slow to bear fruit. The social fabric had begun to unravel, exposing workers to dire poverty, and that had fostered another multidimensional form of exploitation of children in domestic work, agricultural and forestry undertakings, fishing and sex work. Despite public primary education being proclaimed as free of charge, a number of snags remained, including the requirement to pay the fees of the parent’s association, which represented an obstacle for many parents. He made it clear that in private education those rates were even higher, in some cases forcing parents to choose which of their children should enjoy the benefits of education. In such cases, boys were more likely to be given preference than girls. He noted that, despite the commendable efforts of the Government, the school enrolment rate in Cameroon remained relatively low. Enrolment rates in primary education varied by region. However, the Government had a panoply of legal texts with which to combat the worst forms of child labour. Those texts however, whether laws or other instruments, could not be successful unless a far-reaching policy was put in place by the Government. He recalled the root causes of the trafficking of children and the worst forms of child labour, including poverty, the isolation of rural areas and the search for job opportunities. He emphasized that child labour was the product of various socio-cultural and economic factors. Despite the current sociopolitical context characterized by the attacks on national territorial integrity by the Boko Haram terrorist group in the north of the country and the repeated incursions in the east by other armed groups, resulting in a growth of immigrant and displaced population groups, the Government should intensify its efforts to put a definitive end to the phenomenon. In conclusion, the efforts to combat the widespread poverty of households should constitute a major priority, as that the social responsibility of families remained the surest means of ensuring the safety of children. The political commitment of the State and the application of laws and regulations could not bear fruit without the support of the families concerned.
The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as the former Yugoslav Republic of Macedonia, Montenegro, Iceland, Serbia, Albania, Norway, Republic of Moldova and Armenia, said that the EU was engaged in promoting the universal ratification and implementation of the eight fundamental ILO Conventions as part of its human rights strategy. The EU called on all countries to protect and promote all human rights and fundamental freedoms to which their people were entitled. The EU wished to recall the commitment made by Cameroon under the Cotonou Agreement, the framework for Cameroon’s cooperation with the EU, to respect democracy, the rule of law and human rights principles, which included the abolition of the worst forms of child labour. Compliance with Convention No. 182 was essential in this respect. Noting that the Committee of Experts requested the Government to take all the necessary measures to ensure that investigations and thorough prosecutions were carried out with respect to persons engaged in the sale and trafficking of children under 18 years of age, the EU encouraged the Government to reinforce the capacity of the authorities responsible for Act No. 2005/015. Noting that the Child Protection Code had been in the process of adoption since 2006, she urged the Government to take the necessary measures for the adoption of the Code. The Government was also urged to take immediate and effective measures to ensure the implementation of the National Plan of Action for the Elimination of the Worst Forms of Child Labour (PANETEC) in the very near future, in particular by removing children from the worst forms of child labour, including hazardous types of work. The EU was concerned by the apparent increase in the numbers of children who were HIV/AIDS orphans. Expressing its solidarity with the families of the victims, the EU urged the Government to make sure that these children were not engaged in the worst forms of child labour. Noting that the Committee of Experts requested the Government to take effective and time-bound measures to protect children engaged in domestic work, she encouraged the Government to cooperate with the ILO in the context of the ILO–IPEC project on this subject. In conclusion, the EU called on the Government to cooperate with the ILO and to respond to the requests of the Committees of Experts. The EU also expressed its continued readiness to cooperate with the Government to promote development and the full enjoyment of all human rights.
An observer representing Public Services International (PSI) said that the trafficking of children and the worst forms of child labour in Cameroon were the consequences of poverty and economic regression. The drastic slump of some 70 per cent in wage levels in the wake of the economic and financial crises had had a negative impact on school enrolment of children, who were therefore deprived of education. School enrolment rates were much lower than those in countries having comparable per capita income levels to Cameroon. There was a practice of not sending children to school, which was unprecedented for a country that had not suffered the effects of war and civil conflict. Boys tended to be given preferential treatment at the expense of girls. For boys, the primary school enrolment rate varied from 39 per cent to nearly 100 per cent according to the region, compared with the enrolment rate for girls, which was 26 per cent in the regions of the far north. Children belonging to minority groups, such as pygmies and nomads, and those in border areas, did not attend school. Furthermore, the allowances previously awarded to teachers working in regions other than their own had been abolished. This had caused a gradual withdrawal of teachers from the most remote regions to the big cities, resulting in turn in the closure of rural schools. To alleviate the situation, parents had begun to contribute heavily to the financing of education. In the far north, the region worst affected, 61 per cent of teachers were paid by parents. In the central region, which was the richest, the equivalent figure was 13 per cent. Inspectors, who had the task of ensuring the smooth running of schools, estimated that children now received only 25 weeks of teaching in the cities and 20 weeks in rural areas, compared with the official figure of 36 weeks. The situation was similar in secondary education, where for years the link between training programmes and job market openings had been non-existent, but that had not produced the necessary readjustment. The further a school was from a city, the worse its chances of receiving support in any form. It was therefore important to create jobs, especially decent work for adults in order to combat child labour at the same time. In conclusion, she called on the Government to take steps to abolish primary school fees; adopt a new national policy on schoolbooks; draw up an education programme that ensured access for girls; respect children’s rights; provide education that was geared to the needs of the job market; ensure decent pay for teachers; fight corruption; and respect the trade union rights of all workers.
The Government member of Algeria agreed that the concrete actions described by the Government of Cameroon should be supported, such as the implementation of a national committee to combat child labour and the adoption of a national plan of action and legislative and regulatory measures. The Government’s efforts to give greater visibility to the issue and effectively combat child labour should be supported as long as they strengthened the implementation of the national plan of action and assist the work of the national committee.
The Worker member of the United Kingdom emphasized that progress had been woefully slow despite the Government’s commitment, at the time of ratification, to put in place and implement, as a priority, programmes for the elimination of the worst forms of child labour and for the rehabilitation of children removed from such labour. She noted that the sale and trafficking of children, as well as children involved in domestic work, was high, that sexual exploitation and the use of children for pornography was common, while a high number of HIV/AIDS orphans were without care or education. Although Act No. 2005/015 had been adopted to combat the trafficking and smuggling of children, its implementation was regrettably low as there was little to show in the way of improvement. While noting the extremely high rate of child trafficking in the country, she called for the capacity and effectiveness of the monitoring mechanisms to be reviewed, such as the vice squad. The investigating team consisting of just three officers, who relied on reporting by members of the public by telephone which, unsurprisingly was not an impressive mechanism. Considering the scale of the problem in the country, the figures for the prosecutions conducted in 2012 of only two cases involving a total of five children, out of the estimated 600,000 children trafficked in the country appeared to be very low. Referring to the adoption of the Child Protection Code, she said that although the Government had been promising its adoption since 2006, there had still been no indication of when the Code would be adopted and whether it would meet the requirements of the Convention. She deplored the fact that, despite the PANATEC programme, which offered to provide care for vulnerable children, including HIV/AIDS orphans, the number of orphans who had little or no care and who remained vulnerable to severe exploitation through the worst forms of child labour had increased to over half a million in 2013. She therefore called for urgent legislative and other measures to be taken to make a real difference in the situation of children in Cameroon.
The Worker member of Nigeria observed that child labour was a reality for many children in Cameroon. These children not only lived on the margins of society, but had also been deprived of normal development. He indicated that he came from the northern part of Nigeria which had borders with Cameroon and had therefore witnessed the growing incidence of the exploitation and trade of children for work, such as domestic servants, sex slavery and agricultural undertakings. With the appearance of Boko Haram, these practices had significantly erupted. The average working hours of many children were between 12 and 15 without rest periods or the provision of food. As the Committee of Experts rightly observed, this deplorable situation was even worse for girls, who constituted 60 per cent of the trafficked and bonded workforce. These girls were generally used for commercial sex tourism and other forms of sexual exploitation, including the production of pornography. Turning to the practice of the exploitation of boys attending Koranic schools, where they received education which included a vocational or apprenticeship component, he said that these boys were sent out onto the streets to beg for money which they had to hand over to the instructors of their Koranic school. He indicated that child labour, including practices of human trafficking and forced labour, was also an easy manner to provide children as child fighters for Boko Haram. In conclusion, the Government must accelerate its efforts to protect the rights of the child through a system of coherent and consistent sanctions. To this effect, robust and proactive protection and rehabilitation measures were also necessary.
The Government member of Switzerland indicated that child labour, and particularly child trafficking were unacceptable. The conclusions of the Committee of Experts related to combating the sale and trafficking of children should be supported. Sufficiently dissuasive sanctions should be implemented and appropriate measures taken to raise awareness and discourage parents who were putting their children to work. With regard to the legislation, the Government should adopt the Child Protection Code in order to demonstrate strong political commitment to making progress on the issue and to effectively combat child pornography. The Government should implement PANETEC to remove children from hazardous and domestic work.
The Government representative of Canada, recognizing the considerable challenges faced by the Government, supported the specific efforts made to respond to the concerns expressed by the Committee of Experts, in particular with regard to combating the sale and trafficking of children. Children were often displaced for the purpose of labour exploitation, especially in agricultural holdings, unregulated industrial activities, construction sites and for sexual exploitation for commercial purposes. In addition, although anchored in the traditional customs of the country, the practice of domestic work made children vulnerable by exposing them to various forms of abuse. The efforts made to bring to justice those who were found guilty of the sale and trafficking of children should be welcomed, and the Government should increase and intensify its efforts in that area by adopting the Child Protection Code as soon as possible, continuing its cooperation with the ILO and responding to the requests for information contained in the observations of the Committee of Experts.
The Government representative, while thanking all speakers for their recommendations and suggestions, questioned whether some of the data that had been cited actually related to Cameroon. On average, school attendance rates were over 80 per cent, and even 95 per cent in some regions. With regard to the problems in the extreme north of the country, it should not be forgotten that the region had been devastated by the war against Boko Haram and that saving lives was the main concern there. He also queried the information regarding child labour in mines, since Cameroon did not have a mining industry. The same was true of sex tourism, which was non-existent in the country. The low number of investigations was due to the small number of complaints made. The Government would take note of the recommendations made and would provide further information. It was however important not to paint such a bleak picture. The Government recognized that a problem existed and had taken steps to address it, particularly by establishing a legal framework. It was now important to stay on course and move forward faster when the economic and social situation so permitted. His Government greatly appreciated the support offered by partners, particularly the EU, and was committed to making every effort to combat the worst forms of child labour effectively so that they could be eradicated.
The Employer members thanked the Minister of Labour for coming to the Committee to examine the application of the Convention by his country. They had carefully listened to all the explanations provided. They clarified that, contrary to what the Government representative apparently understood, nobody believed that the Government had institutionalized child labour, including its worst forms. However, the discussions in the Committee expressed frustration at the slowness with which the problems were being addressed. Referring to the wording of the Convention, they emphasized that the Government’s commitment, at the time of ratification, was to take immediate action to abolish the worst forms of child labour. Hence, the slow speed with which the measures and actions were taken under the Convention was a problem. In conclusion, while they trusted that the Government had done its best to implement the Convention, they emphasized that the Government, with technical assistance from the ILO, needed to take more measures more rapidly.
The Worker members said that addressing the worst forms of child labour was difficult and thanked the Government representative for the information supplied. Without going into a discussion of figures, it should be recalled that the report of the Committee of Experts was based on a series of studies conducted jointly with the Government and that the gap between the figures quoted in the studies and the results achieved was too large, and hence frustrating. Child labour, and especially its worst forms, were a widespread practice in the country and the legislative and practical measures taken were totally insufficient. A considerable number of children at special risk were working in the informal economy outside the scope of the national legislation and the number of labour inspections was far from adequate, without mentioning the fact that national law did not penalize the offering of children for illicit activities. Moreover, the high school fees resulted in many children dropping out of school and ending up in the job market. The Government should therefore ensure that the national legislation covered children working in the informal economy; revise the list of hazardous types of work in consultation with the social partners; promptly adopt the Child Protection Code so as to prohibit the use and offering of children for illicit activities; reduce the very large number of working children under 14 years of age by allocating the necessary resources to the labour inspectorate; ensure that school costs did not represent an obstacle to education; and, lastly, adopt, in consultation with the social partners, a national plan of action to combat child labour and the trafficking of children. To that end, the Government should consider availing itself of ILO technical assistance in order to identify the best way to coordinate the necessary measures and obtain prompt results, while bringing national law and practice into conformity with the Convention.
Conclusions
The Committee noted the detailed oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to the trafficking of children for labour and sexual exploitation, the absence of legislation prohibiting the use, procuring or offering of children for pornography or for illicit activities, the large number of children involved in hazardous work and the increase in the number of children at risk of the worst forms of child labour including HIV/AIDS orphans and child domestic workers.
The Committee noted the information provided by the Government representative outlining policies and programmes put in place to combat the sale and trafficking of children, as well as hazardous work by children. This included the adoption of a comprehensive action programme, the National Plan of Action for the Elimination of the Worst Forms of Child Labour (PANETEC) that was being undertaken in collaboration with the ILO–IPEC to remove children from such situations. The Government had established, within the framework of the PANETEC, a national committee, which was responsible for the elimination of child labour and its worst forms by 2017. The Committee also noted the Government’s statement that measures would be taken within the framework of the PANETEC to address the situation of HIV/AIDS orphans and child domestic workers in order to protect them from the worst forms of child labour. The Committee observed that the Government had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO.
Taking into account the discussion that took place, the Committee urged the Government to:
The Committee requested the ILO to offer, and the Government of Cameroon to accept, technical assistance in order to bring its laws and practices into line with Convention No. 182.
The Committee takes note of the Government’s reply to the communication of 17 October 2008 from the General Confederation of Labour – Liberty of Cameroon (CGTL) and of the Government’s report.
Article 4(3). Periodic review and revision of the list of types of hazardous work. With reference to its previous comments, the Committee notes the Government’s reply to the CGTL’s statement that Order No. 17 of 27 May 1969 on child labour, which provides for a list of jobs prohibited for children under 18 years of age, was adopted at a time when there was only one trade union and before the Convention was ratified, and is therefore not deficient. The Committee notes, however, that Order No. 17 was issued more than 30 years ago. It therefore reminds the Government that according to Article 4(3) of the Convention, the list of types of work must be periodically examined and revised as necessary in consultation with the organizations of employers and workers concerned. It notes the information sent by the Government that a revision of Order No. 17 in the wake of the Labour Code reform is envisaged. The Committee encourages the Government to take steps to revise Order No. 17 of 27 May 1969 in the context of the reform of the Labour Code. It reminds the Government in this connection that when the list of types of dangerous work is examined or revised, the organizations of employers and workers concerned must be consulted. The Committee requests the Government to provide information on the measures taken and the consultations held in this regard.
Article 5. Monitoring mechanisms. Labour inspection and MINAS regional monitoring brigades. In its previous comments, the Committee noted that the Labour Code applies only in the context of an employment relationship and does not protect children under 18 years of age who perform dangerous work outside an employment contract. It also noted that the Ministry of Social Affairs (MINAS) has set up provincial monitoring brigades to combat the performance of dangerous work by children, including those who perform work outside a contractual labour relationship, and asked the Government to provide information on the operation of these brigades. The Committee also noted the CGTL’s observation that the brigades cooperate neither with the labour inspectors nor with workers’ organizations.
The Committee notes the Government’s reply to the CGTL’s comments that the labour inspectorate and the monitoring brigades cover different forms of child labour, and that there is nothing to prevent them from cooperating with each other. The two institutions will accordingly ascertain jointly the best way of implementing this idea. The Committee also notes the information in the Government’s report on the Minimum Age Convention, 1973 (No. 138), that no labour inspection report mentions the use of children in enterprises. The Committee observes, however, that according to a report entitled “Internationally Recognised Core Labour Standards in Gabon and Cameroon” submitted by the International Trade Union Confederation (ITUC) on 2 October 2007 to the General Council of the World Trade Organization, the Government does not allocate sufficient resources to support an effective inspection programme. By way of an example, the report indicates that in 2005, the Government employed 58 general labour inspectors to investigate child labour cases. Similarly, the report on the worst forms of child labour states that the resources allocated to the inspection services are inadequate to conduct effective investigations. Consequently, the Committee requests the Government to take the necessary steps to build the capacity of the labour inspectorate, particularly in the informal sector, and requests it to send information on measures taken to this end. It also asks the Government to send information in its next report on cooperation between the labour inspectorate and the provincial brigades. It further requests the Government to provide information on the extent and nature of offences reported involving children who work outside a contractual employment relationship in the context of work falling in the category of worst forms of child labour.
Article 8. International cooperation. 1. Regional cooperation in the sale and trafficking of children. In its previous comments the Committee noted that, according to a synthesis report of March 2006 on the LUTRENA project, the Governments of Nigeria and Cameroon were discussing the possibility of concluding a bilateral cooperation agreement.
The Committee notes the Government’s statement that the agreement has not yet been finalized. In view of the extent of the trafficking across Cameroon’s borders, the Committee encourages the Government to take the necessary steps to finalize the bilateral cooperation agreement with Nigeria. It asks the Government to provide information on progress made in this respect.
2. Poverty reduction. In its previous comments, the Committee noted that the Government had added education for children, especially girls, to its poverty reduction strategy paper (PRSP). It also noted that a Decent Work Country Programme for Cameroon is being prepared.
The Committee notes that according to the information in the Government’s report, Cameroon plans to reduce poverty and hence reduce significantly the worst forms of child labour under its new growth and employment strategy paper (GESP), which replaces the PRSP. Observing once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the abolition of the worst forms of child labour, the Committee urges the Government to provide information on the specific measures it plans to take in the course of implementing the GESP, in order to eliminate the worst forms of child labour, particularly those targeting the effective reduction of poverty among child victims of sale and trafficking and children who carry on hazardous work in cocoa plantations.
The Committee notes the Government’s reply to the communication of the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté), dated 17 October 2008, and the Government’s report.
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 its previous comments the Committee noted that Cameroon’s legislation did not appear to contain provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances. It further noted that Act No. 2005/015 of 20 December 2005, to combat the trafficking of children, contains no provisions expressly prohibiting the use, procuring or offering of children for illicit activities.
The Committee notes the Government’s information that these prohibitions will be taken into account in the draft Child Protection Code. It notes with regret that this Code has been in the process of adoption since 2006. The Committee reminds the Government that, according to Article 3(b) and (c) of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances and for illicit activities are considered as the worst forms of child labour and that, according to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour. Consequently, the Committee urges the Government to take the necessary steps to ensure that the Child Protection Code is adopted in the near future and that it contains provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances, and the use, procuring or offering of persons under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in the relevant international Conventions. Provision must also be made for penalties for the abovementioned offences. The Committee requests the Government to provide information on the progress made in this regard and to provide a copy of the Code as soon as it has been adopted.
Articles 5 and 7(1). Monitoring mechanisms and sanctions. Law enforcement agencies. The Committee noted previously that a vice squad had been established at the Interpol National Central Bureau (NCB-Interpol) in Yaoundé. It also noted that, in addition to the monitoring carried out by the vice squad, a telephone number has been made available to encourage the public to report abuse anonymously, and NCB-Interpol has set up a round-the-clock answering service to receive the calls. Furthermore, three contact officers are on permanent standby to carry out investigations. The Committee nonetheless noted the CGT–Liberté’s comment on the absence of any extracts from reports or documents regarding the operation of the vice squad.
The Committee notes the Government’s reply to the CGT–Liberté’s observation that the vice squad is operating well but, for security reasons, no information can be disclosed. It further notes from the information in the Government’s report that extracts of the vice squad’s report will be sent to the Office later. The Government also states in its report that it has no information on the exact number of children identified as victims of trafficking by the NCB-Interpol reporting system or on police investigations. The Committee notes, however, from a report entitled “2008 Findings on the Worst Forms of Child Labour”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the police arrested three traffickers attempting to traffic seven children for the purpose of labour exploitation. According to the same report, the Government of Cameroon has made an effort to monitor its borders for trafficking. However, the Committee notes the information in a report entitled “Trafficking in Persons Report 2010 – Cameroon”, also published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the Government of Cameroon did not show evidence of increasing efforts to convict and punish trafficking offenders or to identify and protect victims of trafficking. In the course of the reporting period, the authorities conducted investigations into 26 cases of human trafficking, none of which resulted in a prosecution. The report also indicates that there were signs of some officials’ involvement in trafficking. Furthermore, judges, law enforcement officials and social workers do not enforce Act No. 2005/015 because they are unfamiliar with it. Indeed, there is no system to provide them with copies of new laws. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of 18 February 2010 (CRC/C/CMR/CO/2, paragraph 75), expressed regret at the low level of enforcement and implementation of Act No. 2005/015, as well as the lack of data and remedial action. The Committee expresses its deep concern at the low level of enforcement of Act No. 2005/015 and at the allegations of involvement of law enforcement officials in human trafficking. The Committee urges the Government to redouble its efforts to ensure that anyone engaging in the sale and trafficking of children under the age of 18 and any state official involved in such acts is prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. In this regard, the Committee requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of offenders are carried out, in particular by building the capacity of law enforcement agencies through the dissemination of Act No. 2005/015. It requests the Government to provide information on the measures taken to this end and on the results obtained, particularly in terms of the number of investigations and prosecutions carried out.
Article 6. Programmes of action. In its previous comments the Committee noted the completion of the LUTRENA project in Cameroon and accordingly asked the Government to take steps to secure the adoption of a national policy to combat the trafficking of children for the purpose of exploiting their labour, in accordance with the recommendations in the study carried out by ILO–IPEC–LUTRENA in 2005.
The Committee notes that the Government has sent no information on this matter. It notes, however, from the Government’s second report to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraphs 222 and 223) that the Government refers to a national plan of action to combat child labour and trafficking in children and a plan of action to combat the sexual exploitation of children, which were drawn up in October 2005. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/CMR/CO/2, paragraph 73) of 18 February 2010, welcomed the approval in July 2009 of the National Plan to Combat Trafficking and Sexual Exploitation. The Committee accordingly requests the Government to provide information on the measures taken under the National Plan to Combat Trafficking and Sexual Exploitation adopted in July 2009, and to provide a copy of this Plan.
Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes the Government’s replies to the CTG–Liberté’s observations stating that there are many reception, transit and accommodation centres in various parts of the country and that the territorial officers have always set up ad hoc transit and accommodation centres when they have to deal with a convoy of trafficked persons. It also notes the information in the Government’s report that there is a plan to set up a national network for combating the trafficking of children and child labour, made up of representatives of the various state authorities, as part of the transfer of ownership of the WACAP and LUTRENA projects, now under way.
The Committee notes the information in the Trafficking in Persons Report 2010 that the system for referring the victims of trafficking to transit and shelter facilities involves cumbersome administrative procedures. The report also states that in August 2009 the Ministry of Social Affairs began working with UNICEF to draft a manual that would show well‑respected families in local communities how to create foster homes that provide shelter, food, health care and education to trafficking victims. This new system to protect such victims through the provision of foster care is to start up in 2010. The Committee further notes that in its written replies to the list of issues raised by the Committee on the Rights of the Child in its examination of the second periodic report (CRC/C/CMR/Q/2/Add.1, paragraph 59), the Government places action to combat the trafficking and exploitation of children among its urgent and high priority issues. The Committee requests the Government to redouble its efforts to prevent children under 18 years of age from falling victim to sale and trafficking and to remove them from these worst forms of child labour, taking care in particular to simplify the administrative procedure for placing child victims of trafficking in transit and shelter facilities. The Committee also asks the Government to provide information on the number of children actually removed from this worst form of child labour and placed in transit and shelter facilities and foster families. It further asks the Government to provide information on the rehabilitation and social integration measures taken to provide child victims of sale and trafficking with access to free basic education and occupational training. Lastly, the Committee requests the Government to continue to provide information on the implementation and functioning of the national network to combat the trafficking of children.
2. Hazardous work and exploitation of child labour in cocoa plantations. The Committee noted previously that a system to monitor child labour in plantations has been set up and that a number of children were prevented from working on cocoa plantations or withdrawn from such work under the WACAP project. Noting that the WACAP project had ended in Cameroon, it asked the Government to take steps to follow up on these prevention and withdrawal measures, particularly for children working on cocoa plantations.
The Committee notes the Government’s information that, under the WACAP and LUTRENA projects, 5,413 children were rescued from trafficking. Noting that the Government’s report contains no information on the follow-up to the WACAP project, it urges the Government to take immediate and effective measures to prevent children under 18 years of age from working in cocoa plantations and to have them withdrawn therefrom. It also asks the Government to take measures for their rehabilitation and social reintegration, in particular, by affording them access to free compulsory basic education and to vocational training. Lastly, it asks the Government to supply detailed information on the measures taken to this end and on the results obtained.
Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments the Committee noted that according to the UNAIDS 2008 Report on the Global AIDS Epidemic, the number of children orphaned because of HIV/AIDS appeared to have increased to 300,000 in 2007. It accordingly asked the Government to step up efforts to prevent the employment of children in the worst forms of child labour.
The Committee notes the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraph 31) of April 2008 that, with the involvement of the Global Fund to Fight AIDS, Tuberculosis and Malaria, an initiative under the authority of the Ministry of Social Affairs aims to provide access for 300,000 orphans and vulnerable children (OVCs) to basic social services by 2010. It notes, however, from the same report that the Government has noted an aggravation of the HIV/AIDS pandemic, which has resulted in an increase in the number of OVCs. Indeed, in its report of March 2010 submitted in the context of follow-up to the Declaration of Commitment on HIV/AIDS, the Government indicates that in 2009 there were 327,600 HIV/AIDS orphans in Cameroon. It further notes that efforts undertaken remain insufficient, and that the promotion of education for OVCs must be continued. The Committee also notes that, in its concluding observations (CRC/C/CMR/CO/2, paragraph 45), the Committee on the Rights of the Child expressed concern about the limited availability of residential care facilities and other forms of alternative care for abandoned children and orphans, as well as the limited quality of care in institutions. It likewise expressed concern about the lack of an adequate policy and insufficient human, technical and financial resources for alternative care. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It asks the Government to provide information on the measures taken and the results obtained under the National Programme for Support to Orphans and Vulnerable Children (PNS-OVC), with particular reference to the provision of access to free compulsory basic education for OVCs.
2. Street children. Further to its previous comments, the Committee takes note of the statistics sent by the Government in its report showing that, between 2008 and 2009, 904 street children of 4 to 18 years of age were identified by the Yaoundé and Douala social centres. Of the 469 children identified in 2009, 119 were returned to families, 63 were enrolled in school and 62 were placed in institutions. The Committee notes the information supplied by the Government in its report of April 2008 to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraphs 233 and 235) that in Cameroon there are 10,000 children living and/or working in the streets countrywide, particularly in big cities such as Yaoundé, Douala and Ngaoundéré. It further notes that, in its written replies to the list of issues raised by the Committee on the Rights of the Child (CRC/C/CMR/Q/2/Add.1, paragraph 59), the Government places action to combat the street children phenomenon among the issues it deems to be of high priority and in need of urgent attention. Furthermore, according to information given by the Government to the Committee on the Rights of the Child, a new project to combat the phenomenon of street children is scheduled to start up in March 2010. Considering that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its effort to identify, withdraw and reintegrate street children. It asks the Government to provide information on the measures taken and the results obtained under the project to combat the phenomenon of street children.
Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistics published in the National Report on Child Labour in Cameroon conducted by the National Institute of Statistics (INS) in cooperation with ILO–IPEC and published in December 2008. The results of the abovementioned survey show that in 2007 2,441,181 children aged between 5 and 17 years (41 per cent) worked in Cameroon. The report also shows that 266,594 children (4.4 per cent) in this age group are affected by hazardous work. Furthermore, the percentage is nearly twice as high in urban as in rural areas and the phenomenon is particularly marked in cities such as Douala and Yaoundé. The Committee also notes that, according to the report on the worst forms of child labour, most working children are to be found in the urban informal sector. The Committee nonetheless observes that, among the worst forms of child labour, only hazardous work is dealt with by the National Report on Child Labour. It takes note of the concern expressed by the Committee on the Rights of the Child in its concluding observations (CRC/C/CMR/CO/2, paragraph 19) about the lack of reliable data, inter alia, on street children and child victims of trafficking or sexual exploitation. The Committee expresses deep concern at the number of children employed in hazardous work and accordingly urges the Government to take immediate and effective measures to ensure that children are protected from this worst form of child labour in practice. It also asks the Government to provide statistics on the nature, extent and trends of worst forms of child labour, particularly as regards the sale and trafficking of children and street children. It further requests the Government to provide information on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.
The Committee is raising other points in a request addressed directly to the Government.
The Committee takes note of the communication of 17 October 2008 from the General Confederation of Labour – Liberty of Cameroon (CGTL) and the Government’s report.
Article 3 of the Convention. Worst forms of child labour. 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 Cameroon’s legislation appeared not to contain provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances. It noted that a Child Protection Code was to be enacted and would take account of child pornography. The Committee notes the information sent by the Government to the effect that it undertakes to send the abovementioned Code to the Office as soon as it is adopted. The Committee expresses the firm hope that the Child Protection Code will prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances. It asks the Government to take the necessary steps to ensure that the Code is adopted in the near future and to provide a copy of it as soon as it is adopted.
Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously the Government statement that Act No. 2005/015 of 20 December 2005 to combat the trafficking of children applies to the use, procuring or offering of children under 18 years of age for illicit activities. The Committee notes that the Government indicates more particularly that section 2(d) of this Act covers the illicit activities about which the Committee has been expressing concern. The Committee notes that section 2(d) of the Act states that the exploitation of children “shall cover at least the exploitation and procuring of children or all other forms of sexual exploitation, the exploitation of children’s labour or forced services, slavery or practices similar to slavery, servitude or the removal of organs”. The Committee reminds the Government that, according to Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities is among the worst forms of child labour and so must be expressly prohibited by the national legislation. The Committee requests the Government to take the necessary steps to prohibit by law the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs or for begging.
Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that the Labour Code does not apply to children under 18 years of age who are engaged in hazardous work outside a contractual employment relationship. The Committee notes the information sent by the Government in its report that the Ministry of Social Affairs has set up provincial monitoring brigades to combat the use of children in hazardous work including children who work outside a contractual employment relationship. The Committee notes that according to the CGTL, the provincial brigades do not work side by side with labour inspectors or workers’ organizations. The CGTL indicates that it plans to find out how the brigades operate. The Committee once again requests the Government to provide more detailed information on the operation of the provincial brigades, particularly in terms of the number of children who have been found working outside a contractual employment relationship.
Article 4, paragraphs 1 and 3. Determining hazardous types of work or employment and periodic review. In its previous comments, the Committee noted that Order No. 17 on child labour, issued on 27 May 1969, provides for a list of jobs prohibited for children under 18 years of age.
The Committee notes that the CGTL states in its comments that Order No. 17 was issued following consultation with the only trade union that existed at the time, before the Convention was adopted. It further indicates that no more recent consultations have been organized with employers’ and workers’ organizations for the purpose of determining hazardous types of work.
The Committee observes that Order No. 17 was adopted more than 30 years ago. It draws the Government’s attention to Article 4, paragraph 3, of the Convention, which calls on the Government to examine and review periodically the list of the types of work or employment referred to in Article 3(d), of the Convention, in consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to take steps to review the list of jobs which are prohibited for children under 18 years of age after consultation of the employers’ and workers’ organizations concerned.
Article 5. Monitoring mechanisms. 1. Sale and trafficking of children. (i) Monitoring system. In its previous comments, the Committee noted that the synthesis reports on the ILO–IPEC subregional project to combat the trafficking of children in West and Central Africa (LUTRENA) issued in March and September 2006, show that a system for monitoring child trafficking has been set up in the country. It also noted that a vice squad has been established at BCN-Interpol in Yaoundé to combat the trafficking, exploitation and abuse of children.
The Committee notes that, according to the CGTL, no extracts have been produced from reports or documents pertaining to the operation of the vice squad. The Committee notes the Government’s statement that as well as the monitoring carried out by the vice squad, a number has been made available to encourage the public to report such abuse anonymously and that BCN-Interpol has set up a round-the-clock answering service to receive these calls. The Government further indicates that three contact officers are on permanent standby to carry out investigations. The Committee further notes that according to the report on the ILO–IPEC project “Combating the trafficking of children for the purpose of exploiting their labour by reinforcing the national legislation on trafficking and the relevant institutional capacity to secure effective application of the law”, which covers the period from 1 September 2006 to 28 February 2007, six vigilance committees were established with the aim of involving the communities in observation and surveillance work. Special training has been devised to build the capacity of the members of these committees. The Committee again asks the Government to provide information on the running of the vice squad, including extracts of reports or documents. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been identified by the call-in system set up by BCN-Interpol and by the vigilance committees and who have been rehabilitated and integrated in society.
(ii) Police. The Committee notes from a document entitled “The role of the police in managing the trafficking, smuggling and domestic exploitation of children”, the Cameroon police has focused its work on prevention, punishment and rehabilitation so as to combat child trafficking effectively in accordance with the Act to combat child trafficking. To this end, in the area of prevention, the police is engaged in raising public awareness through the media and in the surveillance of public places and of borders. Its law enforcement work consists in making the victims safe and gaining their trust, reporting the offence and gathering evidence, tracking down the perpetrators and their accomplices and bringing them before the appropriate judicial body. In the rehabilitation phase the police assist, inter alia, in repatriating the victims, returning them to their families if the latter are not implicated in the trafficking or else handing them over to appropriate institutions with a view to their social integration. The Committee requests the Government to provide information on the number of investigations conducted by the police and the number of offences reported under the Act to combat the trafficking of children.
2. System for monitoring child labour in plantations. In its previous comments, the Committee noted that, under the ILO–IPEC regional programme to combat hazardous work and the exploitation of child labour in cocoa plantations and commercial agriculture in West and Central Africa (WACAP), a child labour monitoring system has been established. The Committee notes from WACAP’s synthesis report No. 4 on the child labour monitoring system that the system requires the participation of all strata of society from community to government level and aims in particular: to raise public awareness of the problem of child labour; to identify child workers engaged in agriculture and cocoa plantations and determine the risks to which they are exposed; to refer the children thus identified to institutions providing social protection services; to ensure that the children are withdrawn from work or, in the case of those allowed to work, that they are not exposed to any occupational risks. The Committee requests the Government to provide information on the number of children in cocoa plantations in Cameroon who have been identified by this monitoring system and withdrawn from work and subsequently referred to social protection institutions.
Article 6. Programmes of action. 1. National programme of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that a national action programme for the elimination of the worst forms of child labour was to be formulated. It noted that a National Steering Committee has been established to implement the ILO–IPEC programmes. It expressed the hope that in the course of its work the steering committee would formulate a national action plan to abolish the worst forms of child labour.
The Committee notes that in its comments the CGTL expresses the hope that the National Steering Committee will formulate a policy and a national action plan to combat child labour. The Committee observes in this connection the Government’s statement that it has taken note of the Committee’s recommendations. The Committee therefore requests the Government to take steps to ensure that a national action plan is drawn up for the elimination of the worst forms of child labour and requests the Government to provide information on progress made in this respect. Moreover, it requests the Government to provide information on the operation of the National Steering Committee and the work it has undertaken to abolish the worst forms of child labour.
2. National policy to combat the trafficking of children for the purpose of exploiting their labour. The Committee noted previously a study carried out by ILO–IPEC–LUTRENA in 2005 on the trafficking of children for the exploitation of their labour in Cameroon. It noted in particular that one of the study’s recommendations is that a national policy should be formulated to combat the trafficking of children for the exploitation of their labour. The Committee notes that the Government says nothing of this matter in its report. It further notes that Cameroon is no longer involved in the LUTRENA project. Consequently, the Committee urges the Government to take measures to ensure that a national policy to combat the trafficking of children for the purpose of exploiting their labour is adopted, and to provide information in this regard.
Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them therefrom. 1. Sale and trafficking of children. In its previous comments, the Committee noted that a study carried out by ILO–IPEC–LUTRENA on the trafficking of children for the purpose of labour exploitation in Cameroon recommended improving knowledge and understanding of the phenomenon of trafficking, changing public attitudes and encouraging greater mobilization of the authorities, civil society, trade unions and families.
The Committee notes that Cameroon is no longer involved in the LUTRENA project. It notes, however, from the synthesis report on the ILO–IPEC project on combating the trafficking of children for the purpose of labour exploitation by reinforcing the national legislation against trafficking and the relevant institutional capacity for effective application of the law, covering the period from 1 September 2006 to 28 February 2007, four action programmes have been implemented, two for the reintegration of child victims of trafficking and two for training and awareness raising. In the context of these action programmes, 161 children have been identified either as victims or at risk of trafficking and have been enrolled in primary school or vocational training programmes. Furthermore, two workshops have been organized to raise awareness among the communities and traditional chiefs. In all, the action programmes have assisted some 246 children and provided 678 educational or other services. The Committee also notes from the information sent by the Government that brochures about child trafficking and the rights of children were produced for the African Children’s Day, held on 16 June 2007. The Government also states that Decree No. 2001/109/PM of 20 March 2001 on the organization and running of public institutions to support socially maladjusted children provides for the creation of reception and transit centres and accommodation centres. As more and more centres open, children who have fallen victim to trafficking and exploitation will have access to temporary psycho-social support with a view to rehabilitation and social integration on a durable basis.
In this connection, the Committee notes that in its comments, the CGTL asserts that so far no reception and transit centres and no accommodation centres, as provided for in Decree No. 2001/109/PM of 20 March 2001, have been, or are being, created.
The Committee encourages the Government to pursue its efforts to implement measures for the establishment of awareness-raising campaigns and to provide information of their impact on preventing the trafficking of children. Furthermore, since the LUTRENA project has been completed in Cameroon, it asks the Government to provide information on the effective and time-bound measures taken or envisaged to: (a) prevent children from falling victim to trafficking; (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration, in particular through the establishment of the reception, transit and accommodation centres provided for in Decree No. 2001/109/PM of 20 March 2001. The Government is also asked to report on the progress made and the results obtained in this respect.
2. Hazardous work and the exploitation of children’s labour in cocoa plantations. In its previous comments, the Committee noted that Cameroon was a participant in the WACAP project implemented under the ILO–IPEC regional programme, in which Côte d’Ivoire, Ghana, Guinea and Nigeria are also associated. The Committee notes from WACAP’s synthesis report No. 3 on shared experiences (synthesis report No. 3) that, as a result the WACAP project, a total of 1,517 children have been withdrawn from, or prevented from engaging in, work on cocoa plantations in Cameroon, through the provision of education services (1,383) and other services (134). According to the same report, 55 communities have been affected by the WACAP project and 605 parents or guardians have directly benefited from it. The Committee notes that implementation of the WACAP project is now complete. However, according to synthesis report No. 3, in Cameroon the awareness-raising activities carried out under the WACAP project have prompted the Government to commit itself to combating this scourge. The synthesis report No. 3 also indicates that the States participating in the WACAP project have all identified measures to ensure follow-up of the work done during the project’s implementation. Such measures include organizing seminars on child labour in cocoa plantations; ongoing involvement of communities in child labour issues using tools provided by the WACAP project; offering informal education opportunities to children withdrawn from labour in the cocoa plantations who are unready to enter the formal school system; consolidating and building on achievements resulting from the WACAP project. The Committee urges the Government to take effective and time-bound measures to ensure follow-up of the WACAP project and also to ensure that children are prevented from being employed in cocoa plantations and are actually withdrawn from such plantations. The Government is asked to provide information on measures taken in this respect.
Clause (d). Children at special risk. 1. Orphans and HIV/AIDS. The Committee noted previously that, according to statistics produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in 2004 and 2006, some 240,000 children have been orphaned as a result of HIV/AIDS in Cameroon. It noted the information communicated by the Government in its report that it had taken a number of measures to prevent transmission of the virus. The Committee also noted that the Ministry of Social Affairs, the Ministry of Health and various non-governmental organizations had implemented a project involving more than 21,000 children orphaned by HIV/AIDS and other children vulnerable to the virus. The Committee notes, however, that according to the UNAIDS 2008 Report on the global AIDS epidemic, the number of children orphaned because of the virus appears to have increased to 300,000 in 2007. Considering that children orphaned by HIV/AIDS are at increased risk from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.
2. Street children. In its previous comments, the Committee noted the information sent by the Government to the effect that the Ministry of Social Affairs gives support to all non-governmental organizations working for prevention and for the rehabilitation and reintegration of street children who fall victim to violence and exploitation and provides them with assistance to facilitate the provision of care to these children. The Committee also noted that the Ministry of Social Affairs, in collaboration with the Belgian Red Cross, has set up centres for listening support, reception and social reintegration for street children in Yaoundé to enable them to return to their own families or be placed in foster families. The Committee further noted that in 2003 and 2004, more than 351 children were returned to their families. The Committee once again reminds the Government that street children are particularly exposed to the worst forms of child labour, and asks it to provide information on the number of children removed from the streets and rehabilitated as a result of the measures taken by the Ministry of Social Affairs.
Article 8. International cooperation. 1. Regional cooperation regarding the sale and trafficking of children. The Committee noted previously that a synthesis report on the LUTRENA project issued in March 2006 showed that the Governments of Nigeria and Cameroon were discussing the possibility of concluding a bilateral cooperation agreement. The Committee notes that no information has been sent on this matter, and again asks the Government to indicate in its next report whether this agreement has been concluded.
2. Poverty reduction. In its previous comments, the Committee noted that the Government had added education for children, especially girls, to its poverty reduction strategy paper (PRSP). It also noted the Government’s statement that the projects established in the context of the PRSP contribute to combating poverty among parents and hence to decreasing the number of children who are economically exploited. The Committee notes the information sent by the Government to the effect that the PRSP is undergoing revision. It also notes that a decent work country programme (DWCP) for Cameroon is being prepared. Pointing out once again that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee asks the Government to provide information on the measures taken in the course of implementing the PRSP and also the DWCP, if any, to eliminate the worst forms of child labour, and particularly to reduce poverty effectively among children who are the victims of sale and trafficking and those engaged in hazardous work in the cocoa plantations.
Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes from synthesis report No. 2 of the WACAP project, which is on health and safety in the cocoa plantations, that the most hazardous of the jobs performed on Cameroon’s cocoa plantations involve the use of pesticides, deforesting and the transport of heavy loads. The same report further indicates that the older they are, the more likely children are to use pesticides, 10 per cent of children aged 5–7 years are engaged in spraying pesticides in the cocoa plantations of Cameroon. The Committee further notes that an ILO–IPEC action programme entitled “Survey and development of a database on child labour” was launched in March 2007 under which the Government, through the National Statistics Institute (INS), conducted a module survey on child labour in 2007 with a view to carrying out a fuller survey nationwide. The ILO–IPEC programme aims ultimately to build the national capacity to carry out surveys on child labour at regular intervals. The Committee requests the Government to provide the statistics compiled as a result of the survey conducted in 2007 under the ILO–IPEC programme on the development of a database on child labour in Cameroon, particularly as regards the worst forms of child labour, including the sale and trafficking of children for the purpose of exploiting their labour and child labour in the cocoa plantations.
The Committee notes the Government’s report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that Cameroon is one of the nine West African countries, in addition to Benin, Burkina Faso, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo, which are participating in the ILO/IPEC subregional project to combat the trafficking of children in West and Central Africa (LUTRENA). The Committee also noted, according to the synthesis report on the ILO/IPEC subregional project entitled “Combating the Trafficking in Children for Labour Exploitation in West and Central Africa”, that Cameroon is a destination country for children for both economic and sexual exploitation. The children mainly come from Benin and Nigeria. It requested the Government to take the necessary measures to strengthen the national legislation on the sale and trafficking of children for both economic and sexual purposes. The Committee notes with satisfaction the adoption of Act No. 2005/015 of 20 December 2005 to combat the trafficking of children [hereinafter, the Act to combat the trafficking of children]. It requests the Government to provide information on the application of the new Act in practice, with an indication of the number and nature of the violations reported, the investigations undertaken, legal proceedings, convictions and penal sanctions applied.
2. Forced recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that the national legislation on the armed forces provides that recruitment into the armed forces in Cameroon takes place as from 18 years. It requests the Government to provide a copy of the legislation governing the age of recruitment into the armed forces.
Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted previously that, in its concluding observations on Cameroon’s initial report (CRC/C/15/Add.164, paragraphs 64 and 65), the Committee on the Rights of the Child expressed concern about the increasing number of child victims of commercial sexual exploitation, including pornography. The Committee of Experts noted that the national legislation does not seem to include provisions prohibiting the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances. It notes that, according to the information available on the Interpol web site, a Child Protection Code will soon be enacted and will take into account child pornography. The Committee hopes that the Code will soon be enacted and will prohibit the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances and it requests the Government to provide information in this respect.
Clause (c). Use, procuring or offering of a child for illicit activities. The Committee requested the Government previously to indicate the measures adopted to prohibit the use, procuring or offering of a young person under 18 years of age for illicit activities. The Committee notes the Government’s indication that the Act to combat the trafficking of children applies to this worst form of child labour. The Committee requests the Government to indicate the manner in which the Act establishes the prohibition of the use, procuring or offering of a young person under 18 years of age for illicit activities, and particularly for begging and the production and trafficking of drugs.
Article 3(d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that the Labour Code does not apply to young persons under 18 years of age who are engaged in hazardous work without an employment contract. It requested the Government to indicate the manner in which the national legislation provides that young persons under 18 years of age who are engaged in work outside a contractual employment relationship benefit from the protection afforded by Article 3(d) of the Convention, namely that they do not become engaged in hazardous work. The Committee notes the information provided by the Government in its report that the Ministry of Social Affairs has established provincial monitoring brigades to combat the performance of hazardous work by children. It requests the Government to provide fuller information on the operation of these provincial brigades.
Article 5. Monitoring mechanisms. 1. Sale and trafficking of children. The Committee notes that the synthesis reports on the ILO/IPEC/LUTRENA project of March and September 2006 show that a system of surveillance concerning the trafficking of children has been established in the country. It also notes that a vice squad has been set up in the BCN-Interpol in Yaoundé to combat the trafficking, exploitation and abuse of children. The Committee requests the Government to provide information on the operation of the system for monitoring the trafficking of children, with an indication of the measures adopted to prevent and penalize the trafficking of children, and to secure the rehabilitation and social integration of child victims of this worst form of child labour. It also requests the Government to provide information on the operation of the vice squad, particularly by supplying extracts of reports or other documents.
2. System for monitoring child labour in plantations. The Committee notes that, in the context of the ILO/IPEC regional programme to combat hazardous work and the exploitation of child labour in cocoa plantations and commercial agriculture in West and Central Africa (WACAP), a system has been established to monitor child labour. The Committee requests the Government to provide information on the operation of the monitoring system, including through the provision of extracts of reports or documents.
Article 6. Programmes of action. 1. National action programme for the elimination of the worst forms of child labour. In its previous comments, the Committee noted that a national action programme for the elimination of the worst forms of child labour was to be formulated. The Committee also noted that a National Steering Committee was to be established. The Committee notes the information provided by the Government that the national action programme for the elimination of the worst forms of child labour has not yet been formulated, but that the Steering Committee for the implementation of ILO/IPEC programmes has been established. It notes that the Steering Committee is responsible for contributing to the implementation of activities to abolish child labour in Cameroon and for proposing solutions for the integration of IPEC activities into national efforts to combat child labour. The Committee hopes that, in the context of these activities, the Steering Committee will formulate a national action programme for the elimination of the worst forms of child labour and it requests the Government to provide information in this respect. It also requests the Government to provide information on the operation of the National Steering Committee and the activities that it has undertaken for the elimination of the worst forms of child labour.
2. National policy to combat the trafficking of children for labour exploitation. The Committee notes the study carried out by ILO/IPEC/LUTRENA in 2005 entitled “Trafficking of children for the exploitation of their labour in Cameroon”. It notes in particular that one of the recommendations of the study is the formulation of a national policy to combat the trafficking of children for the exploitation of their labour. The Committee requests the Government to provide information in this respect.
Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the efforts made by the Government for the implementation of Phases III and IV of the ILO/IPEC/LUTRENA project and the ILO/IPEC/WACAP project and strongly encourages it to continue its efforts to combat the worst forms of child labour.
Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from these worst forms of child labour. 1. Sale and trafficking of children. (i) Results achieved. In its previous comments, the Committee requested the Government to provide information on the implementation of the LUTRENA project in Cameroon, with an indication of the number of children prevented from becoming victims of trafficking or removed from this worst form of child labour. It also requested the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of these children. The Committee notes with interest the information provided by the Government that 109 child victims of trafficking were removed from this worst form of child labour and over 80 families benefited from income-generating activities. The Committee requests the Government to continue providing information on the implementation of the LUTRENA project and the results achieved in terms of: (a) preventing children from becoming victims of trafficking; and (b) providing the necessary and appropriate direct assistance to remove child victims of this worst form of child labour and ensure their rehabilitation and social integration. In this regard, the Committee would be grateful if the Government would indicate whether reception centres for child victims of trafficking have been established in the country to receive such children and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking.
(ii) Other measures. Training and awareness-raising programme. The Committee notes from the synthesis report of the ILO/IPEC/LUTRENA project of March 2006 that a training programme has been organized for personnel working on the national frontiers, particularly those on the borders between Cameroon, Gabon and Nigeria. This training has also been provided to the police, judges and social workers involved in dealing with cases of the trafficking of children. The Committee notes that the study carried out by ILO/IPEC/LUTRENA on the trafficking of children for the exploitation of their labour in Cameroon shows that, while the reality of the problem has been demonstrated, lack of knowledge and ambiguity towards the phenomenon prevail. The study therefore recommends strengthening knowledge and understanding of trafficking, changing the attitudes of the public and promoting greater mobilization by the authorities, civil society, trade unions and families. In view of the above, the Committee requests the Government to provide information on the time-bound measures adopted to establish training programmes and awareness-raising campaigns with a view to training and mobilizing the authorities, trade unions, civil society and families in relation to the trafficking of children.
2. Hazardous work and the exploitation of child labour in cocoa plantations. The Committee noted previously that the Cameroon is a participant in the ILO/IPEC regional programme to combat hazardous work and the exploitation of child labour in cocoa plantations/commercial agriculture in West and Central Africa (WACAP), in which Côte d’Ivoire, Ghana, Guinea and Nigeria are also associated. It noted that 150 children had been removed from cocoa plantations in Cameroon and that a further 100 were soon to be removed. It also noted that financial assistance was granted to families to facilitate the rehabilitation and social integration of the children removed from this work. The Committee requested the Government to provide fuller information on the implementation of this programme and the results achieved. The Committee notes the information provided by the Government that the WACAP project has resulted in the identification of around 5,000 children who were engaged in dangerous work in these plantations and the reintegration of 1,109 children into formal schools and vocational training centres. The Committee requests the Government to continue providing information on the number of children who are prevented from being engaged in cocoa plantations and are removed from these plantations in practice. It also requests the Government to provide information on the rehabilitation and social integration measures adopted for children withdrawn from this work.
Clause (c). Ensuring the access to free basic education and vocational training of all the children removed from the worst forms of child labour. Recalling that education of the most effective means of combating child labour, and particularly the worst forms of child labour, the Committee requests the Government to provide information on the measures adopted in the context of the LUTRENA and WACAP projects to ensure that child victims of trafficking and children engaged in hazardous work in cocoa plantations who are removed from these worst forms of child labour have access to free basic education or vocational training.
Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee noted previously that, according to the information contained in the Epidemiological factsheet for 2004, produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are reported to be around 240,000 children orphaned as a result of HIV/AIDS in Cameroon. The Committee requested the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission among the population and to supply information on the specific time-bound measures adopted to protect child HIV/AIDS orphans from being engaged in the worst forms of child labour. The Committee notes that, according to the new Report on the Global Aids Epidemic, published by UNAIDS in May 2006, the number of children orphaned as a result of the virus is still around 240,000. It notes, however, the information provided by the Government in its report that it has taken a number of measures to prevent the transmission of the virus, including: the establishment of free and anonymous testing and a project to combat HIV/AIDS in the workplace; awareness-raising campaigns by the Committee set up to combat the disease; and the reduction of the cost of tritherapy. The Committee also notes that the Ministry of Social Affairs, the Ministry of Health and various NGOs have implemented a project addressing over 21,000 child HIV/AIDS orphans and other children who are vulnerable to the virus. The Committee takes due note of this information and strongly encourages the Government to continue its efforts to prevent the transmission of the virus among the population and to protect child HIV/AIDS orphans from becoming engaged in the worst forms of child labour.
2. Street children. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cameroon (CRC/C/15/Add.164, paragraphs 62 to 65), the Committee on the Rights of the Child expressed its concern at the increasing number of street children and the lack of specific mechanisms to address this situation and provide those children with adequate assistance. The Committee on the Rights of the Child also expressed concern at the inadequacy of programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation and it recommended the Government to implement appropriate policies and programmes for prevention and for the rehabilitation and integration of child victims. The Committee notes the information provided by the Government in its report that the Ministry of Social Affairs supports all NGOs working in this field and provides them with assistance to facilitate the provision of care to these children. It also notes that the Ministry of Social Affairs, in collaboration with the Belgian Red Cross, has established listening, reception and social reintegration centres for street children in Yaoundé, thereby enabling them to return to their families or to be placed in a host family. The Committee also notes that between 2003 and 2004, over 351 children were returned to their families. Recalling that children living in the streets are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue its efforts to protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration.
Article 8. International cooperation. 1. Poverty reduction. With reference to its previous comments, the Committee notes that, according to a progress report in the context of the ILO/IPEC/WACAP project, the Government has added education for children and particularly girls, to its Poverty Reduction Strategy Paper (PRSP). It also notes the Government’s indication that the projects established in the context of the PRSP are contributing to combating the poverty of parents and therefore to a decrease to the number of children who are economically exploited. Noting once again that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, with particular regard to the school attendance rate of children, and especially girls.
2. Regional cooperation in relation to the sale and trafficking of children. (i) Bilateral agreement. The Committee notes from the synthesis report on the LUTRENA project for March 2006 that the Governments of Nigeria and Cameroon are discussing the possibility of concluding a bilateral cooperation agreement. The Committee requests the Government to provide information on the progress of these discussions and to indicate whether the agreement has been concluded.
(ii) Collaboration with neighbouring countries. The Committee is of the view that cooperation between law enforcement agencies in the countries of origin, transit and destination of child victims of trafficking, particularly with the judicial authorities and police forces, is indispensable to prevent and combat this worst form of child labour, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee requests the Government to provide information on the measures adopted to facilitate the exchange of information between the countries of origin, transit and destination of child victims of trafficking and, where appropriate, to indicate whether exchanges of information have resulted in: (1) the apprehension and arrest of persons working in networks involved in the trafficking of children; and (2) the detection and interception of child victims of trafficking in border areas.
Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the reference in the activities report of the ILO/IPEC/WACAP project that a study on occupational safety and health has been undertaken in the largest cocoa plantations in the country. The Committee requests the Government to provide a copy of the study.
The Committee notes the Government’s first report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that Cameroon is one of nine West African countries, along with Benin, Burkina Faso, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo, which participate in the Subregional Programme to Combat the Trafficking of Children in West and Central Africa (LUTRENA) which was launched in July 2001 in collaboration with the ILO/IPEC. One of the objectives of the LUTRENA programme is to strengthen national legislations in the field of the fight against trafficking in children, with a view to effectively harmonizing the legislation prohibiting trafficking. The Committee notes that section 293(1)(b) of the Penal Code provides for sanctions for any person who engages in the trafficking of another person. Moreover, section 352 and section 353 of the Penal Code respectively provide for penalties for the kidnapping of minors or kidnapping by fraud or violence. It notes however that, according to the synthesis report on the ILO/IPEC subregional project entitled "Combating the Trafficking in Children for Labour Exploitation in West and Central Africa", Cameroon is a destination country for children, mainly from Benin and Nigeria, both for economic and sexual exploitation. One existing gap in the national legislation is the fact that children can cross the border of a country without prior parental consent, thus facilitating the work of intermediaries. The Committee notes that, according to ILO/IPEC information for 2004, LUTRENA has carried out activities in Cameroon aimed at strengthening the national legislation on the fight against trafficking in children.
The Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking in children under the age of 18 is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the measures necessary to strengthen the national legislation on the sale and trafficking of children both for economic and sexual purposes. It also requests the Government to indicate to what extent sections 293(1)(b), 352 and 353 of the Penal Code criminalize those persons found guilty of the sale and trafficking of children under the age of 18 both for economic and sexual exploitation.
2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 293(1)(a) of the Penal Code imposes sanctions on any person who enslaves another or keeps him in slavery. It also notes that section 292 of the same Code also imposes sanctions on any person who, in his own interest, requires another to perform work or service against his will. Furthermore, the Committee notes that, under the terms of article 2(3) of the Labour Code, forced or compulsory labour is prohibited. By virtue of section 2(4) of the Labour Code, "forced or compulsory labour is work or service exacted from an individual under the menace of any penalty whatsoever and for which the said individual has not offered her or himself voluntarily".
3. Forced or compulsory recruitment of children for use in armed conflict. Noting that the Government has not supplied any information on this provision of the Convention, the Committee recalls that, by virtue of Article 3(a), the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour. It thus requests the Government to supply information on the provisions of the legislation prohibiting the forced or compulsory recruitment of children under 18 years of age for use in armed conflict.
Clause (b). 1. Use, procuring or offering of a child for prostitution, the production of pornography or for pornographic performances. The Committee notes that, in its concluding observations on Cameroon’s initial report, made in November 2001 (CRC/C/15/Add.164, paragraphs 64 and 65), the Committee on the Rights of the Child expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. The Committee recommended that the Government undertake studies with a view to assessing the scope of commercial sexual exploitation of children, in particular with regard to prostitution and pornography.
With respect to prostitution, the Committee notes that section 294(1) of the Penal Code imposes penalties on anyone who entices, assists or facilitates another person to enter into prostitution or who receives a share, even on an occasional basis, of the profits of the prostitution of another person or who receives subsidies from a person engaged in prostitution. It also notes that, by virtue of section 343(2) of the same Code, penalties shall be imposed on whosoever, with a view to prostitution or debauchery, publicly, through the use of gestures, words, the written word or by any other means, proceeds to solicit another person of either sex. Moreover, the Committee notes that section 344 of the Penal Code criminalizes those who instigate, encourage or facilitate the debauchery or corruption of a person under the age of 21. Having taken account of the concerns expressed by the Committee on the Rights of the Child, the Committee notes that the application of the national legislation in practice presents certain difficulties. It requests the Government to supply information on the implementation of the above provisions of the penalties in practice, providing, amongst others, reports on the number of convictions. Furthermore, the Committee requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the case of prostitution.
As to pornography, the Committee notes that the national legislation does not seem to include provisions giving effect to this provision of the Convention. The Committee recalls that Article 3 of the Convention identifies the use, procuring and offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It therefore requests the Government to indicate the measures taken or envisaged to prohibit this form of child labour.
Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not supplied any information on this provision. It recalls that, by virtue of Article 3 of the Convention, the use, procuring or offering of a child for illicit activities is identified as one of the worst forms of child labour. The Committee requests the Government to indicate the measures taken or envisaged to prohibit this form of child labour.
Article 3(d). Hazardous work. Self-employed workers. The Committee notes that section 1(1), Act No. 92/007, of 14 August 1992, promulgating the Labour Code (Labour Code) applies to employment relations between workers and employers. Section 1(2) defines the term "worker" as any person who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, that other person being considered to be the "employer". The Committee notes that, accordingly, the Labour Code does not apply to children under 18 who do not work under an employment contract but who are engaged to do hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that self-employed children enjoy the protection provided in Article 3(d) of the Convention, that is to say, to ensure that they do not become engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that Order No. 17 relative to child labour of 27 May 1969 (Order No. 17) contains several provisions that prohibit children under 18 from engaging in hazardous work. Thus, section 10(1) of the Order prohibits the employment of children (under 18), whether worker or apprentice (section 2) in underground work in mines, quarries and tunnels. Section 14 of the Order prohibits the employment of children in all work involving the use of compressed air. Alongside its specific provisions, Order No. 17 contains a table A consisting of a detailed list of the types of dangerous work prohibited to children under 18. Furthermore, under the terms of section 3 of Order No. 17 "[…] the employment of children is subject to compliance with satisfactory working conditions which guarantee their health, physical and mental development and morals".
Paragraph 2. Identification of types of hazardous work. The Committee notes that the Government has not supplied any information relative to this paragraph. It recalls that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultations with the organizations of employers and workers concerned, shall identify where the types of work so determined exist. It thus requests the Government to take the measures necessary to give effect to the Convention with regard to this subject.
Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that sections 105 to 111 of the Labour Code establish the functions of the labour and social security inspectors. The Committee requests the Government to supply information on the functions of the labour and social security inspectors, in particular with regard to the worst forms of child labour, especially by means of extracts from reports or documents. To the extent that Article 3(a) to (c) of the Convention addresses offences of a criminal nature, the Committee also requests the Government to indicate whether monitoring mechanisms which complement the labour and social security administration service have been implemented to ensure the application of these provisions of the Convention.
Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National action programme for the elimination of the worst forms of child labour. The Committee notes the information provided by the Government, according to which a Memorandum of Understanding (MOU) is soon to be signed by the Government with the ILO/IPEC programme. It also notes that, in this context, a national action programme for the elimination of the worst forms of child labour is to be developed and that the organizations of employers and workers will be closely involved in developing this action plan. Furthermore, it notes that a national steering committee is to be established when the programme reaches the implementation stage. The Committee requests the Government to supply information on the national action programme for the elimination of the worst forms of child labour as soon as it has been developed. It requests the Government, furthermore, to supply information on the operation of the national steering committee as soon as it has been established.
2. Subregional Programme to Combat the Trafficking of Children in West and Central Africa (LUTRENA). The Committee notes that, in the context of the LUTRENA programme, the Government has developed a national action plan to combat trafficking in children. It requests the Government to provide information on the impact of the national action plan on the elimination of trafficking in children and on the results attained.
Article 7, paragraph 1. Penalties. The Committee notes that sections 292, 293, 294, 343, 352 and 353 of the Penal Code criminalize slavery, the sale and trafficking of children, forced or compulsory labour, as well as the use, procuring or offering of a child for prostitution. It also notes that sections 167, 172 and 184 of the Labour Code provide penalties in the case of infringements of the provisions relative to hazardous work. The Committee requests the Government to provide information on the application of these penalties in practice.
Article 7, paragraph 2. Effective and time-bound measures. Clauses (a), (c) and (e). Preventing the engagement of children in the worst forms of child labour and the special situation of girls. The Committee notes the information provided by the Government, according to which the national action programme for the elimination of the worst forms of child labour, which will be developed following the signature of the MOU between the Government and the ILO/IPEC will include measures to respond to specific concerns, in particular with regard to: the identification of children at special risk from illicit labour; the special situation of girls and access to free basic education and vocational training for children who have been removed from the worst forms of labour. The Committee requests the Government to provide more information on the implementation of the national action programme for the elimination of the worst forms of child labour with regard to the particular concerns mentioned above and on the results attained.
Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes that, in its concluding observations of November 2001 (CRC/C/15/Add.164, paragraphs 60 and 61), the Committee on the Rights of the Child expressed deep concern at the large number of children being sold by their parents and who are consequently exploited in the labour market. That Committee also expressed concern at information on alleged instances of trafficking in children for their exploitation in Cameroon and neighbouring countries and at the possible use of inter-country adoption for the purpose of trafficking and recommended that the Government take measures to prevent and combat the sale and trafficking of children, including an awareness-raising campaign and educational programmes aimed at parents in particular; facilitate the reunification of child victims with their families and provide adequate care and rehabilitation for them.
The Committee notes that, according to the information available to the Office, the LUTRENA programme has allowed more than 9,000 child victims of trafficking in nine countries which participate in the programme, to be removed from this worst form of child labour and to benefit from rehabilitation programmes. The Committee requests the Government to supply information on the impact of the LUTRENA programme in Cameroon, in particular with regard to the number of child victims of trafficking who have been removed. It also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of these children.
2. The ILO/IPEC regional West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour (WACAP). The Committee notes that Cameroon is a participant in the ILO/IPEC regional West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour (WACAP), alongside Côte d’Ivoire, Ghana, Guinea and Nigeria. According to the information available to the ILO, 150 children have been removed from cocoa plantations in Cameroon and a further 100 are soon to be removed. Furthermore, it notes that financial aid has been granted to the families to facilitate the rehabilitation and social reinsertion of the children affected. The Committee requests the Government to provide more information on the implementation of this programme and on the results attained.
Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, in its concluding observations on the initial report of Cameroon (CRC/C/15/Add.164, paragraphs 46 and 47), the Committee on the Rights of the Child noted the existence of a national AIDS prevention programme and the effort of the Government in that respect (e. g. agreement with pharmaceutical companies to ensure cheap access to AIDS drugs). However, that Committee remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children, the resulting number of children orphaned by HIV/AIDS, and the lack of alternative care for these children. That Committee recommended that the Government:
n increase its efforts to prevent HIV/AIDS;
n urgently consider ways of minimizing the impact upon children of HIV/AIDS-related deaths of parents, teachers and others, in terms of children’s reduced access to a family life, to adoption, to emotional care and education;
n involve children in formulating and implementing preventive policies and programmes; and
n seek further technical assistance from, inter alia, UNAIDS. The Committee also notes that, according to the information contained in the epidemiological fact sheet for 2004, produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 240,000 children orphaned as a result of HIV/AIDS in Cameroon. The Committee observes that HIV/AIDS has consequences for these orphans who are at a greater risk of becoming engaged in the worst forms of child labour. The Committee recommends that the Government make every effort to reduce the incidence of HIV/AIDS by preventing its transmission among the population and to supply information on the specific measures taken within a prescribed period to protect children orphaned by HIV/AIDS from becoming engaged in the worst forms of child labour.
2. Street children. The Committee notes that, in its concluding observations of November 2001 on the initial report of Cameroon (CRC/C/15/Add.164, paragraphs 62 to 65), the Committee on the Rights of the Child expressed its concerns at the increasing number of street children and at the lack of specific mechanisms to address this situation and to provide those children with adequate assistance.
The Committee considers that street children are at special risk from the worst forms of child labour. In this regard, the Committee notes that the Committee on the Rights of the Child expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, especially among those living or working in the street. Concern was also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of children victims of such abuse and exploitation. The Committee on the Rights of the Child recommended that the Government implement appropriate policies and programmes for prevention and for the rehabilitation and recovery of child victims according to the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm, in 1996. The Committee accordingly requests the Government to provide information on the measures taken within a prescribed period in order to protect children living or working in the street from the worst forms of child labour, in particular with regard to child victims of sexual exploitation for commercial purposes. It also requests the Government to supply information on the measures taken in order to ensure the rehabilitation and social reintegration of the children affected.
Article 8. Enhanced international cooperation and assistance. The Committee notes that Cameroon is a member of Interpol, an organization which facilitates cooperation between countries in different regions, above all in the fight against trafficking in children. It also notes that, according to information provided by the World Bank, the Government has implemented a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction strategies contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact the PRSP has on the elimination of the worst forms of child labour, with regard, in particular, to the prevention of the sale and trafficking of children and the rehabilitation of child victims of such activities.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that there do not appear to be any statistics available with regard to the number of child victims of the worst forms of child labour in Cameroon. It thus hopes that the Government will be in a position to provide in its next report statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties imposed. To the extent possible, the information provided should be disaggregated by sex.