Worst Forms of Child Labour Convention, 1999 (No. 182) - Gabon (Ratification: 2001)

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative reasserted the attachment of his country to the ILO standards and supervisory system and wished to reply to all the points raised by the Committee of Experts in their observation.

With regard to the sale and trafficking of children, all of the legislation requested had been sent on time to the ILO Subregional Office in Yaoundé and would be available to the Office. Furthermore, with respect to the supervisory mechanisms, the Council to Prevent and Combat the Trafficking of Children had been created in September 2004, but was not yet functioning. The current relevant technical body was the follow-up committee which supervised the vigilance committees, which were regional structures devoted to overseeing the phenomenon in the interior of the country and taking responsibility for the victims. The current legislation authorized the national authorities, including the labour inspectorate, to arrest anyone employing minors. The Committee of Experts would be kept informed of the activities of all these different bodies.

Among the measures taken by the Government to prevent children from being employed in the worst forms of child labour, the adoption of appropriate national legislation, establishment of a national manual on procedures to deal with the child victims of trafficking, as well as the appropriate institutional infrastructure, were particularly worth mentioning. At the regional level, it was important to mention the signature of the Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. Along with these measures, information and awareness-raising campaigns had been organized in collaboration with NGOs and occupational organizations of workers and, every year since 2005, the country had marked the World Day against Child Trafficking.

In an attempt to collect comprehensive national statistics to distinguish between child workers and child victims of trafficking, the Government intended to carry out an analysis of the national situation on child trafficking in Gabon, and a mapping of the trafficking routes and zones in which forced labour involving children was practiced. Furthermore, the Government, with the support of the ILO, had established a new institutional infrastructure to strengthen the fight against all forms of child trafficking and exploitation, including a call centre with a toll free hotline, a shelter for children in difficulty and vigilance committees, in the framework of the LUTRENA/IPEC project; they were functional and had their own plans of action. There were four shelters for such child victims, most of them located in the capital where 60 per cent of the population lived. In this respect it was important to note that there was no internal trafficking of children on national territory. The children being treated were ones who had been removed from a situation of exploitation by means of specialized structures set up for this purpose. Some 200 child victims had been removed from trafficking between 2003 and 2005, 137 of which were children aged 5 to 16 years; of these 137, 115 were girls who are the ones most affected by trafficking and exploitation.

With regard to the reinsertion of victims of trafficking, the best solution for a child that had been removed from such a situation was to be returned to his or her family, which was why two-thirds of the children who had been reinserted had been returned to their countries of origin or remained in Gabon, in accordance with their wish. The social and medical follow-up of the victims and the measures taken to ensure their rehabilitation and social integration were also being ensured. The children that had been removed from trafficking were enrolled in public schools where they could have the same opportunities as other children. The older children were enrolled in literacy centres.

The Government had also taken certain steps, in particular awareness raising for trade unions in the transport sector and small enterprises, to protect independent workers under 18 years of age from work which, by its nature or the circumstances in which it was carried out, was likely to harm their health or morals. It was also envisaging the possibility of adopting the measures recommended by the Committee of Experts to increase the number of police at terrestrial, maritime and aerial borders, and to set up joint border patrols and open transit centres at the borders of neighbouring countries.

The Government representative concluded by reaffirming the willingness and commitment of his Government to implement the recommendations of the Committee and requested ILO technical assistance to improve the application of the ratified instruments and Convention No. 182 in particular.

The Employer members thanked the Government for the information provided that seemed to address the Committee of Experts' requests. The Government needed to provide this information in report form to the Committee of Experts. The case concerned serious issues regarding the incidence of child labour, trafficking of children within and across borders, the treatment of children rescued from child labour, and investigative matters - all problems which the Government had acknowledged, having ratified the Convention in 2001 and signed a Memorandum of Understanding with IPEC in 2003. There was every indication that the Government was, in a formal way at least, participating in dialogue with the Committee of Experts and the ILO supervisory mechanisms.

He noted that the matter was likely to be ongoing given its serious nature, the large informal economy and its very magnitude. It was, however, vital to ascertain whether the problem was getting better or worse. In 2004, the Committee estimated about 25,000 children working in the country, of which 17-20,000 were victims of trafficking, with 95 per cent of this occurring in the informal economy. However, neither the Committee of Experts' report nor the Government's reply provided more recent comparative data. It was difficult to know what was working and what was not, a question that was at the heart of the Government's obligations under the Convention.

Further information was required on the harmonization initiatives mentioned in the context of a wider subregional project, including two new decrees in 2005, and on the administrative council established to prevent and combat the problem, as well as on its tripartite representation. Further information was also required on the information campaign, which should be spread to other towns across the country. Of equal relevance were the steps being taken under the Convention to provide assistance to children rescued from trafficking, including the provision of medical and social assistance, education and training. The Government had not provided adequate material to the Committee of Experts in this respect, though reference had been made to a procedural manual.

The Committee of Experts' report referred to investigative matters, including the powers and activities of police, border controls and judicial bodies. There was an important need for the Government to make available information on measures being taken, given the migratory nature of the problem. The Employer members believed that regional responses were part of the solution, but only if resources and commitment existed, and if mechanisms to verify implementation were in place. The Government was responding at least on measures taken, but not with precise numbers. They hoped that the next report would provide a fuller picture on progress to date.

The Worker members said that none of the information that had been provided by the Government in this session figured in the report of the Committee of Experts and it would have been preferable to have had it earlier. Despite the measures mentioned, the situation remained alarming. The sale and trafficking of children was a crime against humanity and could threaten the future and the very survival of a country, or even a continent.

The Government of Gabon was among the most influential and respected of the African continent. It was incomprehensible that the Government did not take a political decision to ensure the future of its children. The authorities of Gabon had to realize their economic and political value and take it upon itself to address this violation against the fundamental rights of the child without waiting to be asked, thus taking the lead.

The measures taken by the Government in the framework of the Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (IPEC/LUTRENA) consisted in the adoption of two decrees; the creation, in collaboration with the social partners, of a Council to Prevent and Combat the Trafficking of Children, a specialized administrative body; the reinforcement of the powers of the labour inspectorate; the initiation of awareness-raising campaigns for families; the establishment of a shelter for victims, including social and medical follow-up and access to free education; and consultations with the countries of origin of the victims.

It was important to emphasize awareness raising for underprivileged families and cooperation with the governments of the countries of origin. Côte d'Ivoire, Mali and Burkina Faso had set up systems to stem child trafficking, which could be of interest to the Government. The speaker concluded by requesting the Government to show genuine political will without which nothing could be achieved.

The Worker member of Gabon said that child labour was a scourge in West Africa and had extended to Asia. Foreign children living in Gabon were very often engaged in the informal economy as domestic workers, street vendors and beggars. Faced with this shameful phenomenon, the Government of Gabon, in collaboration with the social partners, had taken action since 2001 through awareness and denunciation. National campaigns against child labour had been launched in the major economic centres of the country: publicity posters and television advertisements on children's rights and parents' responsibilities; systematic police controls and other enforcement operations. Despite the efforts made by the Government, the problem remained, particularly due to the lack of collaboration from diplomatic representatives of the countries concerned, as well as continued increase in migrant flows. Gabon was a country with a 800 km coastline and important virgin forests, unable to deal with this curse undoubtedly caused by migratory flows.

He concluded by calling on the Government to considerer seriously the possibility of availing itself of technical assistance to reinforce security and border controls, to extend awareness-raising campaigns throughout the national territory and to show greater firmness towards those found guilty of such practices.

The Employer member of Gabon remarked that her experience of ILO work and the practical situation in her country confirmed the observations made by the Committee of Experts as far as child labour was concerned. While the current situation in Gabon could not be considered as making progress, the Government should nevertheless be encouraged to request ILO technical assistance. The Government had, in fact, ratified the Convention in particular circumstances and committed to eliminating the worst forms of child labour as well as trafficking of children. The economic activities that led to these worst forms were exclusively illegal activities that were part of the informal economy. Child victims of trafficking forced into the worst forms of child labour were often involved along with their parents who themselves were victims of trafficking or handicapped in some way.

Therefore, technical cooperation provided by the Office could be of multiple types. It could involve actors from countries where trafficking existed to permit integrated field work to sensitize traffickers involved in illegal entry of children into the country. Labour inspectors could also be better trained and therefore better communicate with actors in the informal economy who made use of the worst forms of child labour. Multidisciplinary teams could teach the children involved and their parents about the evils of the phenomenon and of the importance of education in improving living conditions.

After recalling the provisions of the Convention's preamble, she mentioned Article 7 which concerned measures which ratifying States committed to take to ensure the implementation and respect for these provisions. Although it was a destination country for trafficked children, Gabon's efforts in the elimination of the worst forms of child labour should be recognized. She concluded by inviting the Government to supply the Committee of Experts with all the information it had requested.

The Worker member of Senegal noted that the discussion by the Committee of cases of non-respect of ratified Conventions was generally an opportunity for a rich debate, especially where the protection of children was concerned. The Government of Gabon had indicated that its legislation contained provisions, implementation of which was running up against certain obstacles, which thus perpetuated the abuses. It could however no longer remain silent before the fact of children being forced to work and reduced to human servitude or as instruments of pleasure. The law was one thing and practice was another and, consequently, the application of the law had to be taken into account especially if it served to develop consciousness of the problem and was in its initial stages. The egoism and ferocity of traffickers must be opposed by moral indignation brought on by the humiliation and plight of the children. Efforts must also be undertaken to see that justice was done. Children had to be given a real opportunity to have their dignity and rights. The Government should carry out a study on child labour and define a national policy and a plan of action against trafficking of children, taking into account the country's status as a migrant destination. Bilateral agreements with neighbouring countries or countries of origin should also be signed and cooperation undertaken especially to organize repatriation. The speaker concluded by saying that the Government should ensure application of the Convention in order to demonstrate its declared good intentions.

The Worker member of the United Kingdom observed that as indicated by the Government representative, in Gabon two Decrees had been adopted on the issue of child trafficking: Decree No. 0024 of January 2005 concerning supervision, searches and investigations with a view to preventing and combating trafficking of children and Decree 00741 on labour offences. The Committee of Experts had requested copies of these Decrees and until their examination, it would be hard to determine whether Gabon fulfilled its obligations to develop a comprehensive national policy and plan of action against child trafficking, taking into account the special status of Gabon as a destination country of trafficking from West Africa. The report of the Committee of Experts indicated the existence of a tripartite Council to Prevent and Combat the Trafficking of Children and some information was provided on its record in preventing trafficking and rescuing children, but this information did not amount to a comprehensive account on the Council's functioning and effectiveness. In fact, the Government had just indicated to the Committee that the Council was not functioning but at the same time gave details about the rehabilitation of children. All this was very confusing.

If lack of comprehensive information was preventing the Government from adopting and implementing a coherent national policy, then the intention of the Government to undertake a national study on child labour including a section on child trafficking with disaggregated data, should be welcomed. The information given to the Committee by the Government and Gabonese Employer representatives indicated some very serious problems not least concerning the boat children.

Similarly, the report of the Committee of Experts provided no information on the enforcement by the labour inspectorate of Decree No. 741 on labour offences nor explained the role of the labour inspectorate with regard to combating child labour, including its worst forms such as trafficking. This point had been raised also by the Employer member of Gabon. Similarly, there was no information on the activities of the judicial police and officials of the Ministry for the Family and the Protection of Children, nor regarding the Ministry of Labour.

Gabon was a non-core country of the IPEC/LUTRENA Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa. Since the summer of 2006 there had been only indirect technical assistance under the project, for example, a regional workshop on trafficking with gender sensitive approaches or more recently, an ILO Regional Meeting on Trafficking in Persons, which had taken place in Dakar in May 2007. The Committee of Experts had noted the efforts made with a view to the implementation of Phases III and IV of the LUTRENA project but there was no information on the effectiveness of the Monitoring Committee of the Interministerial Commission which was the national structure assisted by LUTRENA. According to the most up to date information from the region, there was no evidence that the Commission had so far taken any formal decisions or actions although its individual members continued to be active and to campaign against child trafficking.

As to the system of dialogue between Gabon and countries of origin of child labourers with a view to eliminating child trafficking, he wondered why the multilateral cooperation agreement which according to the Government had been signed in July 2006 had not been communicated to the Committee of Experts and whether this agreement dealt with assistance to child victims and procedures for repatriation to protect the interests of the victims. Finally, there was nothing in the report on education provision under Article 7(c) of the Convention.

In general, there was evidence that the Government did not lack material resources and might need more technical assistance, but most importantly, it needed more political will and had to send a robust report to the Committee of Experts. The information sent six years after ratification was insufficient to determine whether Gabon was giving effect to the Convention in law and in practice. If there was information but it was not being communicated, that was unacceptable. If, on the other hand, information was not being communicated to the Committee of Experts because it was not available, then Gabon needed to sort out its internal procedures as a matter of urgency because otherwise, it could not develop and implement a coherent national plan of action against the worst forms of child labour.

The Government representative stressed that the aim of his intervention was to provide supplementary information to the previous report submitted. This was why the text of his intervention had been submitted accompanied by legal texts and other relevant documents. In ratifying the Convention, Gabon had stated its determination to combat the scourge of trafficking of children. This determination had been demonstrated mainly through the organization of seminars and regular awareness-raising campaigns. The efforts made by the Government since ratification should be taken into account. The Government reiterated its determination to continue its efforts to combat child trafficking in Gabon, which was a twisted consequence of Gabonese hospitality, and was ready to cooperate with all countries in West Africa. The difficult phenomenon of trafficking required genuine international cooperation.

The Worker members reiterated that the Government had to send the information in writing on the measures taken so that the Committee could examine and evaluate them. Thus, a report should be sent as soon as possible. The Government should show the political will to conduct a more active and energetic policy against such a scourge as child trafficking. It should supply written information on the results obtained as a result of the measures that the Government representative had presented and it also had to give the families a sense of responsibility so that they would not indulge in such practices. Finally, they suggested that the Government immediately contact and make agreements with the neighbouring countries so as to more effectively fight against child trafficking networks.

The Employer members expressed their appreciation for the Government's good will and underlined three elements. First, the Government needed to do everything within its capacity and capability to eradicate the worst forms of child labour. Second, the Government should put in place a measurement tool to indicate how many children were engaging in the worst forms of child labour and which programmes to combat it were effective. Third, the Government should report to the Committee of Experts the information presented before the Conference Committee so that the Committee of Experts could make an assessment of the situation.

The Worker member of the United Kingdom said one element was missing from the conclusions on Gabon, viz. the need to continue and build cooperation with neighbouring countries in order to combat trafficking.

The Chairperson regretted that this could not be done as the gavel was already down.

The Committee took note of the detailed written and oral information provided by the Government representative as well as the discussion that took place thereafter. The Committee observed that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children for economic and sexual exploitation.

The Committee noted the detailed information provided by the Government outlining the comprehensive measures taken to prohibit and eliminate the sale and trafficking of children, as well as the action programmes that had been adopted in collaboration with ILO/IPEC to remove children from such situations. The Committee also noted that the Government of Gabon had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO. In this regard, the Committee urged the Government to undertake a National Study on Child Labour to assess the extent of the worst forms of child labour in the country.

While welcoming the measures taken, the Committee urged that children would no longer continue to be victims of trafficking, and that those responsible would be punished. In this regard, the Committee requested the Government to expand the authority of labour inspectorates in enforcing the law and to increase the human and financial resources of the labour inspectorate. It requested the Government to ensure that regular visits were carried out by the labour inspectorate and that persons who infringed the Convention were prosecuted and faced sufficiently effective and dissuasive sanctions.

Moreover, underlining the importance of free, universal and compulsory formal education in preventing the worst forms of child labour, the Committee invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls.

Finally, the Committee requested the Government to provide detailed information on effective and time-bound measures taken to remove the children who were victims of trafficking from hazardous work and to provide for their rehabilitation and social integration, in conformity with Article 7(2) of the Convention. These measures should include the repatriation, family re-unification and support for former child victims of trafficking. The Committee insisted on the need for cooperation with the States involved.

The Committee requested the Government to provide detailed information in its next report to the Committee of Experts on the effective implementation in practice of the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Worker member of the United Kingdom said one element was missing from the conclusions on Gabon, viz. the need to continue and build cooperation with neighbouring countries in order to combat trafficking.

The Chairperson regretted that this could not be done as the gavel was already down.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Articles 3(b) and (c) of the Convention. Worst forms of child labour. Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee notes that under section 407 of the revised Criminal Code, procuring is punishable by 15 years’ imprisonment and 100 million CFA francs when committed on a minor under 18 years. Section 430 provides for a penalty of up to five years’ imprisonment and 20 million CFA francs for anyone who keeps, records or transmits the image or representation of a minor under 18 years where this image or representation is of a pornographic nature (irrespective of whether the acts were committed with a view to disseminating or representing this image). The penalties rise to seven years’ imprisonment maximum and to 20 million CFA francs maximum, where applied, for the dissemination of the image or the representation of the minor intended for an unknown public or an electronic communications network. The Committee notes the Government’s indication, in its report, that in December 2019, the law enforcement agencies coordinated, with the Republic of the Congo, the extradition of a Gabonese national suspected of trafficking of persons for sexual purposes, where his trial is pending for procuring, rape of a minor, endangering another person’s life and trafficking in persons. The Committee requests the Government to provide information on the application in practice of sections 407 and 430 of the Criminal Code, and of Decree No. 0023/PR/MEEDD of 16 January 2013, prohibiting, in particular, the use, procuring or offering of a child for illicit activities, including for the production and trafficking of drugs. It requests the Government to include the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Labour inspection. Regarding labour inspection, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication that the 2018 “education task force” seminar, aimed at improving the education system, resulted in the adoption of an action plan costing approximately 1,250 billion CFA francs (around US$2 billion) to diversify the training opportunities, renovate and equip facilities, train human resources, set up a technical guidance secretariat and create a national education council. The Committee notes the Government’s indication that the net primary school enrolment rate is 93 per cent and that the gender gap is less than 1.5 per cent. The Government indicates that the repetition rate is 17 per cent at primary level and 16 per cent at lower secondary level. It states that eight out of ten children entering the first year of primary school complete their primary education and that the rate of pupils moving from primary to lower secondary school is 100 per cent. The Committee also notes that, according to UNICEF statistics, in 2022 the net enrolment rate for primary school was 98 per cent and for lower secondary school was 55 per cent. Recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school repetition and drop-out rates and increasing the enrolment rate in compulsory secondary education.The Committee requests the Government to provide information on the above-mentioned action plan, and the results achieved in terms of statistics on school enrolment, repetition and drop-out rates.

Clause (d). Children at special risk. HIV/AIDS orphans. The Committee notes that the number of HIV/AIDS orphans in Gabon in 2022 was estimated at 31,000 (compared to 16,000 in 2015), according to statistics of the Joint United Nations Programme on HIV/AIDS (UNAIDS). The Committee notes that the Government reiterates the information previously provided, in particular that the National Strategic Plan 2013–17 together with the efforts of national bodies resulted in a reduction of the HIV/AIDS prevalence rate from 8.9 to 5.9 per cent. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, reported that it was concerned that a disproportionately high number of women and girls in the State party are infected with HIV/AIDS and face stigmatization and social exclusion based on their HIV/AIDS status (CEDAW/C/GAB/CO/7, 1 March 2022, paragraph 30). Recalling that children who are orphaned by HIV/AIDS are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to ensure that these children are not engaged in the worst forms of child labour, particularly in the context of the National Strategic Plan 2018–22 to combat HIV/AIDS, and on the results achieved.

Children in street situations. The Committee notes the Government’s indication that the number of children living in the streets remains high due to the complexity of this phenomenon. The Government indicates that it is developing additional prevention and awareness-raising strategies, in partnership with the embassies of Benin, Togo and Mali, civil society, development partners and social partners. Recalling that children in street situations are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts and provide information on the time-bound measures taken to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

Migrant children. The Committee previously noted that in Gabon forced and cross-border trafficking involving children are more prevalent within migrant communities. It notes the Government’s indication that, under section 91 of the new 2019 Children’s Code, trafficking of migrant children is prohibited, and it is incumbent on the State to protect migrant children against trafficking through the establishment of mechanisms for prevention and punishment at its land, air and sea borders. Under section 92, the competent judicial authorities, as part of procedures relating to the trafficking of migrant children, may have recourse to judicial cooperation with the various states concerned, or the international or regional judicial organizations. The Committee requests the Government to provide information on the measures taken to protect migrant children from the worst forms of child labour, in particular by providing information on the application in practice of sections 91 and 92 of the Children’s Code and on the number of convictions and penal sanctions handed down.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee notes the revision in 2019 of the Criminal Code. It notes that section 342 of the revised Criminal Code defines trafficking in persons as: the recruitment, transport, transfer, accommodation or reception of a person in exchange for remuneration or any other consideration, or for the promise of remuneration or other consideration, in order to place that person at the disposal of an identified or unidentified third party so as: (1) to allow the commission against that person of the offences of procuring, sexual assault and the exploitation of begging or living or working conditions inconsistent with human dignity; or (2) to compel that person to commit any such offence, or to assist him or her in immigrating or emigrating. The Committee notes the Government’s indications, in its report, that section 343 of the revised Criminal Code provides for penalties of imprisonment of up to seven years with a fine of 1 million CFA francs (approximately US$1,700) for crimes of trafficking involving adult victims and imprisonment of up to 15 years with a fine of up to 100 million CFA francs (approximately US$173,000) for trafficking involving victims who are minors.

The Committee takes due note of the Government’s indication that measures have been taken to improve the functioning of the justice system and that some 50 magistrates received training to strengthen their competence in ruling on crimes of trafficking in persons under the Criminal Code. The Government also indicates that in order to improve intersectoral coordination, 70 actors from law enforcement, social services and civil society received training in investigations into trafficking in persons. The Government indicates that the police opened 17 investigations into reported cases of child trafficking in 2018, and three into forced labour of children in 2019. The Government adds that, in 2019, the Ministry of Justice referred 20 cases of child trafficking to the Prosecutor’s Office. Also in 2019, one perpetrator of trafficking was found guilty by the court and another presumed perpetrator of trafficking was absolved.

The Committee notes the Government’s acknowledgement that there are difficulties in applying the Convention in the informal sector. The Committee notes that, according to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), Gabon continues to be a country of transit and destination for trafficked women and girls, mainly for purposes of labour and sexual exploitation, including in mines, disproportionately affecting migrant women and girls (CEDAW/C/GAB/CO/7, 1 March 2022, paragraph 20). While noting certain measures taken by the Government, the Committee requests the Government to continue taking the necessary steps to ensure that thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, are carried out and completed, and to ensure that sufficiently effective and dissuasive penalties are imposed on them. The Committee requests the Government to provide concrete information on the application of provisions relating to this worst form of child labour, by transmitting statistics on the number of convictions handed down and the criminal penalties imposed.

Articles 5 and 6. Monitoring mechanisms and programmes of action. The Committee notes that the Government has not responded to its previous requests, particularly on: (1) the measures taken to ensure that the watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country, can better detect cases of trafficking of children under 18 years of age; and (2) the role and activities of the Council to Prevent and Combat the Trafficking of Children and the Interministerial Committee to Combat the Trafficking of Children. It notes the Government’s indication that, in 2019, it: (1) organized an awareness-raising campaign to combat trafficking and other forms of violence against children, reaching 861 people; (2) provided training for social workers and first responders on child protection issues, particularly trafficking in persons, in the province of Ogooué Ivindo, in the north-east of the country; and (3) supported the awareness-raising campaign of a Gabonese NGO in Libreville by providing access to official sites. The Government also indicates that it approved the national action plan against trafficking in early 2020. However, the Committee notes that, according to the 2022 concluding observations of CEDAW: (1) there is a lack of data on the extent of trafficking in persons and an absence of specific procedures in place for the early identification of victims and national referral mechanisms for protection and assistance; and (2) there is an absence of a national anti-trafficking plan and of a functioning interministerial committee to coordinate the national anti-trafficking response (CEDAW/C/GAB/CO/7, paragraph 20). It also notes, according to the Government’s report under the application of the Minimum Age Convention, 1973 (No. 138), that in 2017, the authorities identified 65 child victims of trafficking and, in 2018, 50 child victims. The Committee notes that, according to the Government’s report to the Human Rights Council for the Universal Periodic Review, a text on the establishment, powers, organization and functioning of a national commission to prevent and combat trafficking in persons in Gabon is being drafted. The goal is to have a single national body responsible for dealing with trafficking in persons in Gabon that will implement the existing national programme (A/HRC/WG.6/42/GAB/1, 28 October 2022, paragraph 72). The Committee requests the Government to take the necessary measures to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to continue to provide information on the number of child victims of trafficking who have been identified, and on the activities undertaken. The Committee also requests the Government to provide information on: (i) the role and recent activities of the Council to Prevent and Combat the Trafficking of Children and the Interministerial Committee to Combat the Trafficking of Children; and (ii) the progress made in establishing a national commission to prevent and combat trafficking in persons.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Government indicates that in 2018, 30 children were removed from situations of forced labour. The Government also indicates that it is funding two reception centres run by NGOs for comprehensive services for victims of trafficking, orphans and street children, in particular by financing social workers, medical assistance, psychological services, legal assistance and school fees. The Committee notes that, according to the Government’s report for the Universal Periodic Review, the responsibilities of the Centre for Children in Difficult Circumstances henceforth include the provision of support for child victims of trafficking, and that qualified civil servants have been seconded to a private transit centre that takes in child victims of trafficking (A/HRC/WG.6/42/GAB/1, paragraph 69). While noting the number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to continue to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee notes the Government’s indication that specific cooperation agreements with Togo, Benin and Burkina Faso are being drawn up to improve coordination in combating child trafficking. The Government adds that draft trilateral agreements are envisaged to include transit countries, thereby strengthening the legal effects. In its report for the Universal Periodic Review, the Government indicates that it faces major challenges, including lack of genuine cooperation among countries of origin, transit countries and Gabon – as the country of destination – with regard to prevention, and the weakness of tools and services for support and protection, the effectiveness of which essentially depends on cooperation among all national and international actors (A/HRC/WG.6/42/GAB/1, paragraph 70). The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.

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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee observed that, despite the improvements noted in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, the progress achieved is undermined by the high drop-out rates and the high percentage of children repeating classes. The Committee also noted that the Committee on the Rights of the Child (CRC) highlighted the 2010–20 plan to invest in education and increase the number of teachers and the number and quality of schools, particularly in rural areas.

The Committee notes the Government’s information indicating that in 2018 it organized a “Task Force on Education” seminar aimed at improving the education system. The Government indicates that at the end of this seminar a five-year action plan with three components (teaching, infrastructure and structures) was proposed in order to diversify sectors and train teachers in them, improve school infrastructure, establish a national education council and merge the separate ministries responsible for education and training into a single ministry. The Committee also notes that the Government, in its report on the Minimum Age Convention, 1973 (No. 138), indicates that it is working to progressively establish universal pre-primary education by 2020, and also to recruit and train teachers. The Committee notes that the Government indicates, in its August 2017 report submitted in the context of the universal periodic review to the Human Rights Council, that it carried out a study in 2016 on children dropping out of school (A/HRC/WG.6/GAB/1, paragraph 27). The Government also indicates in the report that 600 classrooms were built between 2010 and 2016 and that furniture is being made to equip them. The Committee also notes that the August 2017 report of the United Nations High Commissioner for Human Rights, in the context of the universal periodic review, highlights the fact that UNESCO recommended that Gabon improve its national education system and access to quality education for all, while reducing educational wastage rates and increasing school attendance rates (A/HRC/WG.6/28/GAB/2, paragraph 48).

The Committee notes that, according to the UNICEF annual report for 2017, the gross primary school enrolment rate is 140 per cent for girls and 144 per cent for boys, but that the repetition rate in the primary sector, standing at 36 per cent, is one of the highest in the world. The secondary school enrolment rate is 57 per cent for girls and 48 per cent for boys, UNICEF and the Government have taken action to improve the completion rate for girls in the first cycle of secondary education.Recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the enrolment rate in secondary education. The Committee requests the Government to provide information on the 2010–20 plan referred to above and the three-part five-year action plan, and to communicate the results achieved in terms of statistics on school enrolment, repetition and drop-out rates. The Committee also requests the Government to send the results of the 2016 study on children dropping out of school.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to UNAIDS statistics, the number of children who were HIV/AIDS orphans in Gabon in 2015 was estimated at 16,000. It also noted the adoption of the National Strategic Plan 2008–15 to combat HIV/AIDS.

The Committee notes the Government’s indications that the National Strategic Plan 2013–17 and efforts by national bodies have resulted in a reduction of the HIV/AIDS prevalence rate from 8.9 to 5.9 per cent. The Government indicates that inter-ministerial committees for combating HIV/AIDS have been set up and that prevention and access to care in this area have been improved. The Committee notes that, according to the indications of the ILO office in Yaoundé, a new National Strategic Plan to combat HIV/AIDS was adopted for the 2018–22 period. It also notes that, according to UNAIDS, the Government has developed campaigns to raise awareness of HIV/AIDS in secondary schools in Gabon. It notes that UNAIDS put the estimated number of HIV/AIDS orphans in 2017 at 11,000.The Committee commends the Government’s efforts and requests it to continue providing information on the measures taken to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour, particularly in the context of the National Strategic Plan 2018–22 to combat HIV/AIDS, and on the results achieved.

2. Street children. In its previous comments, the Committee noted that a study had been undertaken on the causes and extent of the phenomenon of street children and that, according to its results, the number of street children was estimated at around 1,000 nationwide. The study indicated that street children could be seen around markets and restaurants, at road junctions, bus stations, bus and taxi stops, car parks and public dumps.

The Committee notes the Government’s indication that there is still a large number of children living on the streets. The Committee observes that the 2017 UNICEF annual report indicates that, according to the national protection indicators matrix, a total of 1,185 street children have been identified.Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

3. Migrant children. The Committee notes that UNICEF, in its annual report for 2017, observes that migrants in Gabon account for one fifth of the total population. UNICEF highlights the fact that forced labour and cross-border trafficking involving children are more prevalent within migrant communities.The Committee requests the Government to provide information on the measures taken to protect migrant children from the worst forms of child labour.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. Penalties. In its previous comments, the Committee noted that a number of children, particularly girls, are victims of internal and cross-border trafficking for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee emphasized that, despite the conformity of the national legislation on the sale and trafficking of children (in particular Act No. 09/2004) with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. Moreover, the Committee noted with concern that, even though prosecutions had been initiated against suspected traffickers of children, no ruling had yet been handed down, even though the United Nations Committee on the Rights of the Child (CRC) had stated that 700 child victims of trafficking had been identified and repatriated to their countries of origin. The Committee therefore asked the Government to take steps to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s statement in its report that Act No. 09/2004 concerning the prevention and combating of trafficking of children has been revised following the national symposium on combating the trafficking of children held in June 2016. The Committee also notes the Government’s indications that any persons violating the laws and regulations relating to the sale and trafficking of children are liable to severe punishment under the law in the form of fines or imprisonment. The Government indicates that prosecutions have been initiated against eight persons in cases involving the forced labour of children. It also states that in 2016 officers from the immigration control department were given training in identification and investigation methods in trafficking cases. The Committee also notes the Government’s indication, in its report relating to the Minimum Age Convention, 1973 (No. 138), that deadlines for the courts to hand down judgments (except for administrative tribunal decisions) are unknown and it recognizes the ineffectiveness of the Gabonese justice system. It indicates that judicial prosecutions are limited, owing to a lack of financial resources at the High Court of Justice, which deals with trafficking cases but cannot hold regular sessions. The Government further indicates that data on the repression of trafficking is limited, in particular because of a lack of communication between ministries. The Government also states that reports have indicated that corruption and complicity of public officials in trafficking cases remain a source of serious concern. It indicates that judges are at risk of being corrupted by suspected traffickers and that they often delay or abandon cases which have been opened against traffickers.

The Committee further notes that, according to the UNICEF annual report for 2017, the trafficking of children is constantly increasing because of the lack of effective and comprehensive enforcement of the laws against the trafficking and exploitation of children. The Committee notes that the August 2017 report of the United Nations High Commissioner for Human Rights (UNHCHR), in the context of the universal periodic review, emphasizes that the Special Rapporteur on trafficking expressed concern at the trafficking of women and girls for sexual exploitation and prostitution (A/HRC/WG.6/28/GAB/2, paragraph 50). The Committee is therefore bound to note with deep concern the lack of convictions handed down for traffickers of children, which perpetuates the situation of impunity that appears to exist in the country.Recalling that penalties are only effective if they are actually enforced, the Committee urges the Government to take the necessary steps without delay to ensure the thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, and to ensure that penalties constituting an adequate deterrent are imposed on them. Further, recalling that it is the responsibility of the State to provide the judicial system with the means to function, as well as to ensure effective communication between the ministries, the Committee also requests the Government to take the necessary steps to facilitate communication between ministries and to strengthen the capacities of the High Court of Justice, including its ability to hand down judgments within a reasonable time. The Committee requests the Government to continue providing information on the application of provisions relating to this worst form of child labour, including statistics on the number of convictions handed down and the criminal penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee previously urged the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, including the production and trafficking of drugs, are explicitly prohibited in the national legislation.

The Committee notes with satisfaction that Decree No. 0023/PR/MEEDD of 16 January 2013, determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, defines the “use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances” and “for illicit activities including the production and trafficking of drugs as defined by the relevant international conventions” as the worst forms of child labour. It notes that this Decree was adopted pursuant to section 177 of the Labour Code. The Committee observes that section 195 of the Labour Code provides that any person who violates the provisions of section 177(3), concerning the worst forms of child labour, which refers to the above-mentioned Decree, shall be liable to a fine of 5 million CFA francs (US$8,429) and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences.The Committee requests the Government to provide information on the application in practice of this new Decree, including the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Monitoring mechanisms and programmes of action. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority attached to the Ministry of Human Rights. In practice, monitoring of the phenomenon of trafficking is ensured by a monitoring committee and several watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country. The Committee asked the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the monitoring committee with a view to ensuring the enforcement of the national legislation against trafficking in children.

The Committee notes the Government’s announcement that the Council to Prevent and Combat the Trafficking of Children became operational in December 2017. The Government indicates that the watchdog committees have conducted information campaigns on the possibility of assistance for victims and on the existence of penalties for traffickers of children, aimed at having a deterrent effect. The Government also highlights the presence of an Inter-Ministerial Committee to Combat the Trafficking of Children, and also the formulation and adoption of a “Plan of action against the trafficking of children 2016–17”. The Committee notes that, according to information from the ILO office in Yaoundé, the above-mentioned action plan for 2016–17 has not been renewed.While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to provide information on the number of child victims of trafficking who have been identified, and on the results of the “Plan of action against the trafficking of children 2016–17”, including the activities undertaken. The Committee also requests the Government to provide information on the recent activities of the Council to Prevent and Combat the Trafficking of Children and on the role of the Inter-Ministerial Committee to Combat the Trafficking of Children.

2. Labour inspection.With regard to labour inspection, the Committee refers to its detailed comments on the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists, and benefit from social and educational activity programmes and administrative and legal support. The Committee also noted that during their stay in the centres school-age children removed from trafficking are enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres.

The Committee notes the Government’s indication that in 2015 a total of 15 child victims of trafficking for forced labour were identified and directed to the social services. The Government explains that a number of structures, including NGOs, religious authorities and UNICEF, provide support for the operations of the reception centres. The Committee notes that, according to the UNICEF annual report for 2017, a number of child protection structures, including social workers and civil society organizations, have received training, including with regard to providing care for victims of abuse, violence, and exploitation. It also observes that the Government, in its report to the United Nations Human Rights Council in August 2017 in the context of the Universal Periodic Review, indicates that in 2014 and 2015 the monitoring committee recorded more than 750 children who had been removed from trafficking circuits and reintegrated locally or repatriated to their countries of origin (Benin, Togo and Nigeria) (A/HRC/WG.6/28/GAB/1, paragraph 42).While noting the large number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee noted previously that the Government had signed the Multilateral Regional Cooperation Agreement against the trafficking of persons (especially women and children) in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It noted that, according to the Special Rapporteur, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon was in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. However, only one bilateral agreement with Benin had been concluded.

The Committee notes the Government’s indications that bilateral cooperation between Gabon and Togo relating to the prevention and combating of child migration for cross-border trafficking and economic exploitation has been strengthened and has enabled the development of a draft bilateral agreement for combating the cross-border trafficking of children and also the repatriation and reintegration of 30 Togolese girls who were victims of trafficking to Gabon. The Government also indicates that it has cooperated with the Economic Community of Central African States and with Senegal, as part of action against the trafficking of children. The Committee notes that, according to the August 2017 report of the UNHCHR, the Committee on the Rights of the Child (CRC) expressed concern at the lack of bilateral agreements between Gabon and countries of origin of child victims of trafficking, in particular Mali, Nigeria and Togo (A/HRC/WG.6/28/GAB/2, paragraph 29).The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee observed that, despite the improvements noted in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, the progress achieved is undermined by the high drop-out rates and the high percentage of children repeating classes. The Committee also noted that the Committee on the Rights of the Child (CRC) highlighted the 2010–20 plan to invest in education and increase the number of teachers and the number and quality of schools, particularly in rural areas.

The Committee notes the Government’s information indicating that in 2018 it organized a “Task Force on Education” seminar aimed at improving the education system. The Government indicates that at the end of this seminar a five-year action plan with three components (teaching, infrastructure and structures) was proposed in order to diversify sectors and train teachers in them, improve school infrastructure, establish a national education council and merge the separate ministries responsible for education and training into a single ministry. The Committee also notes that the Government, in its report on the Minimum Age Convention, 1973 (No. 138), indicates that it is working to progressively establish universal pre-primary education by 2020, and also to recruit and train teachers. The Committee notes that the Government indicates, in its August 2017 report submitted in the context of the universal periodic review to the Human Rights Council, that it carried out a study in 2016 on children dropping out of school (A/HRC/WG.6/GAB/1, paragraph 27). The Government also indicates in the report that 600 classrooms were built between 2010 and 2016 and that furniture is being made to equip them. The Committee also notes that the August 2017 report of the United Nations High Commissioner for Human Rights, in the context of the universal periodic review, highlights the fact that UNESCO recommended that Gabon improve its national education system and access to quality education for all, while reducing educational wastage rates and increasing school attendance rates (A/HRC/WG.6/28/GAB/2, paragraph 48).

The Committee notes that, according to the UNICEF annual report for 2017, the gross primary school enrolment rate is 140 per cent for girls and 144 per cent for boys, but that the repetition rate in the primary sector, standing at 36 per cent, is one of the highest in the world. The secondary school enrolment rate is 57 per cent for girls and 48 per cent for boys, UNICEF and the Government have taken action to improve the completion rate for girls in the first cycle of secondary education. Recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the enrolment rate in secondary education. The Committee requests the Government to provide information on the 2010–20 plan referred to above and the three-part five-year action plan, and to communicate the results achieved in terms of statistics on school enrolment, repetition and drop-out rates. The Committee also requests the Government to send the results of the 2016 study on children dropping out of school.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to UNAIDS statistics, the number of children who were HIV/AIDS orphans in Gabon in 2015 was estimated at 16,000. It also noted the adoption of the National Strategic Plan 2008–15 to combat HIV/AIDS.

The Committee notes the Government’s indications that the National Strategic Plan 2013–17 and efforts by national bodies have resulted in a reduction of the HIV/AIDS prevalence rate from 8.9 to 5.9 per cent. The Government indicates that inter-ministerial committees for combating HIV/AIDS have been set up and that prevention and access to care in this area have been improved. The Committee notes that, according to the indications of the ILO office in Yaoundé, a new National Strategic Plan to combat HIV/AIDS was adopted for the 2018–22 period. It also notes that, according to UNAIDS, the Government has developed campaigns to raise awareness of HIV/AIDS in secondary schools in Gabon. It notes that UNAIDS put the estimated number of HIV/AIDS orphans in 2017 at 11,000. The Committee commends the Government’s efforts and requests it to continue providing information on the measures taken to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour, particularly in the context of the National Strategic Plan 2018–22 to combat HIV/AIDS, and on the results achieved.

2. Street children. In its previous comments, the Committee noted that a study had been undertaken on the causes and extent of the phenomenon of street children and that, according to its results, the number of street children was estimated at around 1,000 nationwide. The study indicated that street children could be seen around markets and restaurants, at road junctions, bus stations, bus and taxi stops, car parks and public dumps.

The Committee notes the Government’s indication that there is still a large number of children living on the streets. The Committee observes that the 2017 UNICEF annual report indicates that, according to the national protection indicators matrix, a total of 1,185 street children have been identified. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

3. Migrant children. The Committee notes that UNICEF, in its annual report for 2017, observes that migrants in Gabon account for one fifth of the total population. UNICEF highlights the fact that forced labour and cross-border trafficking involving children are more prevalent within migrant communities. The Committee requests the Government to provide information on the measures taken to protect migrant children from the worst forms of child labour.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. Penalties. In its previous comments, the Committee noted that a number of children, particularly girls, are victims of internal and cross-border trafficking for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee emphasized that, despite the conformity of the national legislation on the sale and trafficking of children (in particular Act No. 09/2004) with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. Moreover, the Committee noted with concern that, even though prosecutions had been initiated against suspected traffickers of children, no ruling had yet been handed down, even though the United Nations Committee on the Rights of the Child (CRC) had stated that 700 child victims of trafficking had been identified and repatriated to their countries of origin. The Committee therefore asked the Government to take steps to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s statement in its report that Act No. 09/2004 concerning the prevention and combating of trafficking of children has been revised following the national symposium on combating the trafficking of children held in June 2016. The Committee also notes the Government’s indications that any persons violating the laws and regulations relating to the sale and trafficking of children are liable to severe punishment under the law in the form of fines or imprisonment. The Government indicates that prosecutions have been initiated against eight persons in cases involving the forced labour of children. It also states that in 2016 officers from the immigration control department were given training in identification and investigation methods in trafficking cases. The Committee also notes the Government’s indication, in its report relating to the Minimum Age Convention, 1973 (No. 138), that deadlines for the courts to hand down judgments (except for administrative tribunal decisions) are unknown and it recognizes the ineffectiveness of the Gabonese justice system. It indicates that judicial prosecutions are limited, owing to a lack of financial resources at the High Court of Justice, which deals with trafficking cases but cannot hold regular sessions. The Government further indicates that data on the repression of trafficking is limited, in particular because of a lack of communication between ministries. The Government also states that reports have indicated that corruption and complicity of public officials in trafficking cases remain a source of serious concern. It indicates that judges are at risk of being corrupted by suspected traffickers and that they often delay or abandon cases which have been opened against traffickers.

The Committee further notes that, according to the UNICEF annual report for 2017, the trafficking of children is constantly increasing because of the lack of effective and comprehensive enforcement of the laws against the trafficking and exploitation of children. The Committee notes that the August 2017 report of the United Nations High Commissioner for Human Rights (UNHCHR), in the context of the universal periodic review, emphasizes that the Special Rapporteur on trafficking expressed concern at the trafficking of women and girls for sexual exploitation and prostitution (A/HRC/WG.6/28/GAB/2, paragraph 50). The Committee is therefore bound to note with deep concern the lack of convictions handed down for traffickers of children, which perpetuates the situation of impunity that appears to exist in the country. Recalling that penalties are only effective if they are actually enforced, the Committee urges the Government to take the necessary steps without delay to ensure the thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, and to ensure that penalties constituting an adequate deterrent are imposed on them. Further, recalling that it is the responsibility of the State to provide the judicial system with the means to function, as well as to ensure effective communication between the ministries, the Committee also requests the Government to take the necessary steps to facilitate communication between ministries and to strengthen the capacities of the High Court of Justice, including its ability to hand down judgments within a reasonable time. The Committee requests the Government to continue providing information on the application of provisions relating to this worst form of child labour, including statistics on the number of convictions handed down and the criminal penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee previously urged the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, including the production and trafficking of drugs, are explicitly prohibited in the national legislation.

The Committee notes with satisfaction that Decree No. 0023/PR/MEEDD of 16 January 2013, determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, defines the “use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances” and “for illicit activities including the production and trafficking of drugs as defined by the relevant international conventions” as the worst forms of child labour. It notes that this Decree was adopted pursuant to section 177 of the Labour Code. The Committee observes that section 195 of the Labour Code provides that any person who violates the provisions of section 177(3), concerning the worst forms of child labour, which refers to the above-mentioned Decree, shall be liable to a fine of 5 million CFA francs (US$8,429) and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences. The Committee requests the Government to provide information on the application in practice of this new Decree, including the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Monitoring mechanisms and programmes of action. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority attached to the Ministry of Human Rights. In practice, monitoring of the phenomenon of trafficking is ensured by a monitoring committee and several watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country. The Committee asked the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the monitoring committee with a view to ensuring the enforcement of the national legislation against trafficking in children.

The Committee notes the Government’s announcement that the Council to Prevent and Combat the Trafficking of Children became operational in December 2017. The Government indicates that the watchdog committees have conducted information campaigns on the possibility of assistance for victims and on the existence of penalties for traffickers of children, aimed at having a deterrent effect. The Government also highlights the presence of an Inter-Ministerial Committee to Combat the Trafficking of Children, and also the formulation and adoption of a “Plan of action against the trafficking of children 2016–17”. The Committee notes that, according to information from the ILO office in Yaoundé, the above-mentioned action plan for 2016–17 has not been renewed. While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to provide information on the number of child victims of trafficking who have been identified, and on the results of the “Plan of action against the trafficking of children 2016–17”, including the activities undertaken. The Committee also requests the Government to provide information on the recent activities of the Council to Prevent and Combat the Trafficking of Children and on the role of the Inter-Ministerial Committee to Combat the Trafficking of Children.

2. Labour inspection. With regard to labour inspection, the Committee refers to its detailed comments on the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists, and benefit from social and educational activity programmes and administrative and legal support. The Committee also noted that during their stay in the centres school-age children removed from trafficking are enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres.

The Committee notes the Government’s indication that in 2015 a total of 15 child victims of trafficking for forced labour were identified and directed to the social services. The Government explains that a number of structures, including NGOs, religious authorities and UNICEF, provide support for the operations of the reception centres. The Committee notes that, according to the UNICEF annual report for 2017, a number of child protection structures, including social workers and civil society organizations, have received training, including with regard to providing care for victims of abuse, violence, and exploitation. It also observes that the Government, in its report to the United Nations Human Rights Council in August 2017 in the context of the Universal Periodic Review, indicates that in 2014 and 2015 the monitoring committee recorded more than 750 children who had been removed from trafficking circuits and reintegrated locally or repatriated to their countries of origin (Benin, Togo and Nigeria) (A/HRC/WG.6/28/GAB/1, paragraph 42). While noting the large number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee noted previously that the Government had signed the Multilateral Regional Cooperation Agreement against the trafficking of persons (especially women and children) in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It noted that, according to the Special Rapporteur, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon was in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. However, only one bilateral agreement with Benin had been concluded.

The Committee notes the Government’s indications that bilateral cooperation between Gabon and Togo relating to the prevention and combating of child migration for cross-border trafficking and economic exploitation has been strengthened and has enabled the development of a draft bilateral agreement for combating the cross-border trafficking of children and also the repatriation and reintegration of 30 Togolese girls who were victims of trafficking to Gabon. The Government also indicates that it has cooperated with the Economic Community of Central African States and with Senegal, as part of action against the trafficking of children. The Committee notes that, according to the August 2017 report of the UNHCHR, the Committee on the Rights of the Child (CRC) expressed concern at the lack of bilateral agreements between Gabon and countries of origin of child victims of trafficking, in particular Mali, Nigeria and Togo (A/HRC/WG.6/28/GAB/2, paragraph 29). The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4(1) and (3) of the Convention. Hazardous types of work and the determination and revision of such types of work. With regard to the revision of the list of hazardous types of work prohibited for children under 18 years of age, in conformity with Article 4(3) of the Convention, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee observed that, despite the improvements noted in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, the progress achieved is undermined by the high drop-out rates and the high percentage of children repeating classes. The Committee also noted the Government’s indication that a subregional training workshop on technical methods to combat school drop-outs had been held in Libreville, following which the Government abolished the system of excluding children from school who have suffered multiple failures or who have exceeded the age limit, and of reorienting them towards vocational training centres.

The Committee notes the Government’s indication that it does not have statistical data on school attendance, or repetition and drop-out rates. However, it notes that, according to the UNICEF publication The State of the World’s Children 2016: A fair chance for every child, the net attendance ratio at secondary school was 52.2 per cent during the period 2009–14. It also notes that, in its concluding observations of December 2013, the Committee on Economic, Social and Cultural Rights expressed concern at the severe lack of trained teachers and inadequate curricula (E/C.12/GAB/CO/1, paragraph 30). The Committee also notes that, in its concluding observations of July 2016, the Committee on the Rights of the Child welcomes the 2010–20 plan to invest in education and increase the number of teachers and the number and quality of schools, particularly in rural areas. However, it remains concerned at the persistently high repetition and drop-out rates (CRC/C/GAB/CO/2, paragraph 55). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. Please provide information on the results achieved in terms of statistics on school enrolment, class repetition and drop-out rates.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists, and benefit from social and educational activity programmes and administrative and legal support. The Committee also noted that children removed from trafficking are, during their stay in the centres, and depending on their age, enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres. The Committee however noted that, according to the Special Rapporteur on trafficking in persons, although the Government offers victims of trafficking access to reception centres, there is a gap between those who need assistance and the real beneficiaries of public shelters, which only take in children under 12 years of age.

In this context, the Government indicates that it will provide information on the number of child victims saved and placed in reception centres when the figures are available. However, the Committee notes that, in her May 2013 report, the Special Rapporteur on trafficking in persons observes that in 2011 reception centres assisted 18 child victims, but that these centres suffer from a lack of resources and qualified personnel (A/HRC/23/48/Add.2, paragraph 42). The Committee also notes that, according to the annual UNICEF report for 2015, 90 child victims of transborder trafficking have been removed and provided with literacy training. The Committee firmly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and once again requests it to provide information on the number of children under 18 years of age who have in practice been removed from this worst form of child labour and placed in reception centres.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. In its previous comments, the Committee noted that there were approximately 18,000 child HIV/AIDS orphans in Gabon. It also noted that a National Strategic Plan on HIV (2008–12) had been drawn up, but that its implementation was not satisfactory.

In this context, the Government indicates that there are no discriminatory measures or stigmatization of child HIV/AIDS orphans. The Committee also notes that, according to UNAIDS statistics, the number of child HIV/AIDS orphans in Gabon in 2015 was estimated at 16,000. It further notes that, in its concluding observations of March 2015, the Committee on the Elimination of Discrimination against Women welcomes the adoption of the National Strategic Plan on HIV for 2008–15 (CEDAW/C/GAB/CO/6, paragraph 34). The Committee therefore encourages the Government to continue its efforts to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It once again requests the Government to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–15) and the results achieved.

2. Street children. In its previous comments, the Committee noted that a study had been undertaken on the causes and extent of the phenomenon of street children and that, according to its results, the number of street children was evaluated at 1,000 on the national territory, and more particularly in major urban centres. Street children are visible around markets, restaurants, crossroads, bus stations, bus and taxi stops, car parks and public dumps. The phenomenon of street children is due to several causes, but the main one appears to be family break-ups.

The Committee notes that the Government has not provided any information on the situation of children living in the streets. However, it notes that, in its concluding observations, the Committee on the Rights of the Child expresses concern at the absence of adequate care services for these children (CRC/C/GAB/CO/2, paragraph 64). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to intensify its efforts to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

3. Domestic workers. In its previous comments, the Committee noted that the situation of children engaged as domestic workers remains a cause for concern, as these children perform their work in private houses and are therefore hidden from view. Moreover, these children are also victims of transborder trafficking for their exploitation, which is not revealed by labour inspection.

The Committee notes the Government’s indication that the Domestic Workers Convention, 2011 (No. 189), has been submitted to the competent authorities with a view to its ratification, which would assist the Government to improve its legislation with a view to combating the problem of child domestic workers. Recalling that children engaged as domestic workers are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, including hazardous work, to ensure their access to education and to provide information on the specific measures adopted in this respect, taking into account the special situation of girls. The Committee requests the Government to keep it informed of progress in the ratification of the Domestic Workers Convention, 2011 (No. 189).

Article 8. International cooperation. The Committee emphasized previously that, during the discussion held by the Conference Committee on the Application of Standards in June 2007, the Government representative indicated that consideration was being given to the possibility of taking steps to increase the number of police officers at land, maritime and air borders, using joint border patrols and opening transit centres at these borders. It noted that the Government had signed the Multilateral Regional Cooperation Agreement against the Trafficking of Children in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It observed that, although the Special Rapporteur had welcomed the Government’s intention to sign bilateral agreements on trafficking in persons with several neighbouring countries, the conclusion of memoranda of understanding had not yet taken place in practice. Moreover, the Special Rapporteur observed that, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon is in need of sound cooperation with its neighbours to combat the phenomenon of trafficking.

The Government indicates that there have been no developments in terms of international cooperation since the previous report. The Committee also notes that, according to the report of the Special Rapporteur, the only bilateral agreement concluded is the one with Benin (A/HRC/23/48/Add.2, paragraph 85). The Committee once again firmly encourages the Government to intensify its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to strengthening the numbers of the border police. It requests the Government to provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(a) of the Convention. Sale and trafficking of children and court decisions. In its previous comments, the Committee noted that a number of children, particularly girls, are victims of internal and cross-border trafficking for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that, despite the conformity of the national legislation on the sale and trafficking of children with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. It also noted that 11 court cases were in progress, most of which had been referred to the Office of the Public Prosecutor. The Committee further noted that a police operation had been carried out from 6 to 15 December 2010 with the collaboration of Interpol, during which 38 presumed traffickers were arrested. The police had also arrested two men of foreign nationality presumed to have engaged in trafficking in children. In January 2012, a woman of foreign nationality was also arrested for the ill-treatment and forced labour of six children. The Government indicated that prosecutions had been initiated in relation to all of the arrests.

In its report, the Government indicates that it is not in a position to provide information on the prosecutions, as no sentences have yet been handed down. The Committee notes that, in its concluding observations of July 2016, the Committee on the Rights of the Child expressed concern at the failure of the judiciary to prosecute suspects and sanction perpetrators of child trafficking, even though 700 children had been identified as victims of trafficking and repatriated to their countries of origin (CRC/C/GAB/CO/2, paragraph 66). The Committee on the Rights of the Child, in its concluding observations of June 2016 on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, also expressed concern at the fact that criminal courts only meet twice a year and that there is no requirement to prioritize cases affecting children (CRC/C/OPSC/GAB/CO/1, paragraph 37). The Committee notes with concern that prosecutions of the presumed perpetrators of trafficking in children have still not been taken up by the national courts and that impunity in relation to this worst form of child labour therefore remains a serious menace in the country. The Committee once again urges the Government to take the necessary measures to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force, and to ensure the expeditious determination of trafficking cases by the courts. In this regard, it once again requests the Government to provide specific information on the application of the provisions respecting this worst form of child labour, including statistics on the number of convictions and penalties imposed, and copies of the court rulings in the cases referred to the Office of the Public Prosecutor.

Article 3. All forms of slavery or practices similar to slavery. 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 no provision of the Code of Audiovisual, Cinematographic and Written Communication prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. In this respect, the Government indicated that, in the context of the current revision of the Code of Audiovisual, Cinematographic and Written Communication, it is planned to prohibit and penalize the phenomenon of child pornography.

The Committee notes the Government’s indication in its report that it is making efforts to adopt regulatory provisions that take these comments into account. The Committee recalls that the use, procuring or offering of a child for the production of pornography is one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour. The Committee, therefore, urges the Government to take the necessary measures to ensure that the Code of Audiovisual, Cinematographic and Written Communication is revised without delay so as to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and requests it to provide information on the progress achieved in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 177 of the Labour Code, which provides that children under 18 years of age may not be employed in illicit types of work, which are considered to be one of the worst forms of child labour, only prohibits work which, by its nature or the circumstance in which it is performed, is likely to jeopardize the health, safety or morals of children, but that it does not refer explicitly to the use, procuring or offering of a child for illicit activities. It also noted that sections 278bis to 278bis4 of the Penal Code, in conjunction with section 20 of Act No. 9/2004 of 21 September 2004 on measures to prevent and combat trafficking in children in Gabon, provide for the repression of any act involving exploitation of the work of children. These provisions relate specifically to the trafficking of children for their exploitation, but do not explicitly prohibit the use, procuring or offering of a child for illicit activities. Noting the absence of information on this subject, the Committee once again urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited by the national legislation. It requests the Government to provide information on the progress achieved in this regard.

Article 4(1) and (3) of the Convention. Hazardous types of work and the determination and revision of such types of work. With regard to the revision of the list of hazardous types of work prohibited for children under 18 years of age, in conformity with Article 4(3) of the Convention, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority under the responsibility of the Ministry of Human Rights. In practice, the monitoring of the phenomenon of trafficking is ensured by a Monitoring Committee and watchdog committees. The Monitoring Committee is the national focal point for action to combat trafficking in children and is competent to assist the Council in its functions and for the implementation of its decisions. The watchdog committees are responsible for monitoring and combating trafficking in children for their exploitation within the country. The Government indicated that, in the context of the “Bana” operation in December 2010, around 20 children were identified and removed from trafficking as a result of the action of watchdog committees. The Committee however noted that, in her preliminary conclusions on her mission to Gabon, the Special Rapporteur on trafficking in persons observed that the coordination of action against trafficking remains weak, particularly among public institutions and between the central administration and local communities.

The Government indicates that it is making efforts to prosecute those responsible for trafficking and to raise the awareness of the population. The Committee also notes that, according to the 2015 UNICEF annual report, the Monitoring Committee, with the technical and financial support of UNICEF Gabon, has been able to establish two watchdog committees in the last two provinces that did not have any (Ogooué Ivindo and Ogooué Lolo). However, the Committee notes that, in her May 2013 report, the Special Rapporteur on trafficking in persons noted with concern that the Monitoring Committee is not adequate to combat trafficking as it lacks a secretariat, a regular budget and the permanent staff which would be necessary to achieve the desired level of effectiveness (A/HRC/23/48/Add.2, paragraph 44). The Committee, therefore, urges the Government to intensify its efforts to strengthen the capacity of watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee with a view to ensuring the enforcement of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress achieved in this regard. It also requests the Government to continue providing information on the number of child victims of trafficking identified and protected by watchdog committees.

2. Labour inspection. The Committee noted previously that, in its conclusions, the Conference Committee on the Application of Standards called on the Government in June 2007 to strengthen the authority of the labour inspection services to enforce the law and to increase their human and financial resources. The Committee on the Application of Standards also requested the Government to ensure that regular inspections are carried out by the labour inspectorate. In this regard, the Committee noted that, under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors are required to report any evidence of the exploitation of the labour of children.

The Committee notes the Government’s indication that no violations have been reported by the labour inspectorate involving children under 18 years of age. The Committee recalls that the absence of cases identified by labour inspectors often points to the lack of adequate resources and that it is indispensable to reinforce the capacity of labour inspectors to identify children engaged in the worst forms of child labour. The Committee therefore requests the Government to take measures to reinforce the capacities of the labour inspectorate to ensure that regular inspections are carried out, particularly in the informal economy. Please provide statistics on the number and nature of violations reported by the labour inspectorate involving children under 18 years of age engaged in work that constitutes the worst forms of child labour.

Application of the Convention in practice. In its previous comments, the Committee noted that the lack of recent statistical data on trafficking in children in the country had been emphasized during the discussion held in the Committee on the Application of Standards. In this context, the Government representative had indicated that the Government would carry out an analysis of the national situation in relation to trafficking in children in Gabon and that a mapping of trafficking routes and areas in which forced labour involving children occurs would be carried out as soon as the necessary resources allowed. The Committee noted that Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012 to create a guidance tool intended to help the Government follow trends in issues related to the rights of the child. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 organizing the implementation scheme for social assistance and family protection is intended to ensure the availability on a permanent basis in Gabon of a body of reliable national data to determine the incidence, forms, trends and manifestations of trafficking in persons.

Recalling that the Government has been referring to the study on the situation of trafficking in children in Gabon since 2008, the Committee notes with regret that it has not provided any information on the adoption of this study. It also notes that the Committee on the Rights of the Child in relation to the Optional Protocol on the sale of children, child prostitution and child pornography expressed concern at the lack of data on the number of reported cases of offences, prosecutions and convictions. The Committee once again urges the Government to take the necessary measures to ensure that the study on the situation of trafficking in children in Gabon is carried out in the very near future, and requests the Government to provide information on the progress achieved in this regard. The Committee also requests the Government to provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 18 years of age engaged in the worst forms of child labour.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. All forms of slavery or practices similar to slavery. 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, even though section 147 of the Code of Audiovisual, Cinematographic and Written Communication provides that public or private cinema production enterprises must take particular care to ensure the protection of children and young persons, no provision prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that, in the context of the current revision of the Code of Audiovisual, Cinematographic and Written Communication, it is planned to prohibit and repress the phenomenon of child pornography. The Committee urges the Government to take immediate measures to ensure that the Code of Audiovisual, Cinematographic and Written Communication is revised in the very near future so as to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and requests it to provide information in its next report on the progress achieved in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the Government’s indication that, under section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in illicit work, which is considered to be one of the worst forms of child labour. Nevertheless, the Committee observed that section 177 refers to the prohibition of work which, by its nature or the circumstances in which it is performed, is likely to jeopardize the health, safety or morals of children, but that it does not refer explicitly to the use, procuring or offering of a child for illicit activities.

The Committee notes the Government’s indication that sections 278bis and 278bis(4) of the Penal Code, as amended by Ordination No. 4/2001 of 14 August 2001, read together with section 20 of Act No. 9/2004 of 21 September 2004 on measures to prevent and combat trafficking in children in the Republic of Gabon, envisage the suppression of any act involving the exploitation of children for labour. The Committee however observes that this provision relates specifically to the trafficking of children for exploitation and, once again, do not explicitly prohibit the use, procuring or offering of a child for illicit activities. The Committee once again urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in the national legislation. It requests the Government to provide information in its next report on the progress achieved in this respect.

Article 4(1) and (3). Hazardous types of work and the determination and revision of such types of work. The Committee previously noted with interest that section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, provides that children under 18 years of age may not be employed in work considered as the worst forms of child labour, and particularly in work which, by its nature or the circumstances in which it is performed, is likely to harm their health, safety or morals. It noted that, under this provision, the list of types of work and categories of enterprise prohibited for young persons, and also the age limit to which the prohibition applies, shall be determined by decree issued by the Council of Ministers after consultation with employers’ and workers’ organizations. The Committee, however, noted the Government’s indication that the list of hazardous types of work determined by Decree No. 275 of 5 November 1962 is still in force. It also noted that no consultations had taken place with employers’ and workers’ organizations for the revision of the list. It reminded the Government that, under the terms of Article 4(3) of the Convention, the list of hazardous types of work thus determined must be periodically examined and revised as necessary, in consultation with the employers’ and workers’ organizations concerned.

The Committee notes the Government’s indication that Decree No. 275 of 5 November 1962 remains in force, but that the revision of the list of hazardous types of work is currently being undertaken. The Committee requests the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is revised, in accordance with Article 4(3) of the Convention, in the very near future. It requests the Government to provide a copy of the list of hazardous types of work, once it has been duly revised.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free, basic education. In its previous comments, the Committee observed that, according to the information contained in the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), despite the improvements noted in recent years in terms of the net school enrolment rate and gender parity in primary education, progress is undermined by the high drop-out rates and a high percentage of children repeating classes. In addition, according to UNICEF statistics for 2003–08, the secondary school attendance rate (12–18 years) remains low (about 35 per cent) in comparison with primary education.

The Committee notes the Government’s indication that a subregional training workshop on technical methods to combat school drop-outs was held in Libreville from 26 to 28 April 2011, following which the Government abolished the system excluding children from school in a situation of multiple failure, in the case where these children have exceeded the age limit, and reorienting them towards vocational training centres. The Government adds that, in the context of its new education policy, it has adopted Act No. 21/2011 of 14 February 2012 issuing the general policy for education, training and research. Section 2 of the Act provides that schools shall be free and compulsory from 6 to 16 years of age. Taking due note of the efforts made by the Government, and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. The Committee requests the Government to provide information on the results achieved in terms of statistics on school enrolment, class repetition and drop-out rates.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the information contained in the 2008 Factsheet on HIV and AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there were approximately 18,000 child HIV/AIDS orphans in Gabon. According to the Factsheet, measures have been taken for orphans and vulnerable children (OVCs), including the provision of support in kind, such as food and school supplies. In addition, a new National Strategic Plan on HIV (2008–12) was being drawn up.

The Committee notes the absence of information on this subject in the Government’s report. However, it notes that, according to UNAIDS statistics, the number of child HIV/AIDS orphans in Gabon in 2008 is still estimated at 18,000. The Committee also notes that, according to the national follow-up report on the HIV/AIDS Declaration of Commitment (UNGASS 2010) for Gabon, the implementation of the National Strategic Plan on HIV (2008–12) is not satisfactory. Expressing concern at the number of child HIV/AIDS orphans in Gabon, and recalling that these children are at greater risk of being engaged in the worst forms of child labour, the Committee firmly encourages the Government to intensify its efforts to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It once again requests the Government to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–12) and the results achieved.

2. Street children. In its previous comments, the Committee noted the Government’s indication that it was conducting a study on street children in the context of the new national policy to combat child labour. According to the Government, the results of the study would make it possible to identify these children and to guide them towards vocational training centres.

The Committee notes the Government’s indication that a study on the causes and extent of the phenomenon of street children has been conducted. According to the findings of the study, the number of street children has been estimated at 1,000 on the national territory. The phenomenon is evident in the major urban centres. Street children are visible around markets, restaurants, crossroads, bus stations, bus and taxi stops, car parks and public dumps. The phenomenon of street children is due to several causes; one of the main causes appears to be family break ups. Street children often come into conflict with the law because they are in a situation in which they have to cater for their own needs, and they are often brought into police stations (65 per cent). The Government indicates that the joint efforts of the Ministry of the Family and Social Affairs and the Ministry of Human Rights have resulted in the introduction in the central prison of a vocational training unit and a multimedia room to enable children who are not attending school and who are in conflict with the law to be reintegrated into society. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to remove children from the streets and ensure their rehabilitation and social integration, and to provide information on the results achieved. In this respect, the Committee requests the Government to provide information on the number of street children who are in conflict with the law who have been reintegrated into society following the vocational training provided in the central prison.

3. Domestic workers. In its previous comments, the Committee noted the Government’s indication that the situation of children engaged as domestic workers remains a cause for concern, as these children perform their work in private houses and are therefore hidden from view. Nevertheless, the Government’s report indicated that the action taken to prohibit the worst forms of child labour limits the number of cases of abuse.

The Committee notes the Government’s indication that children working in the domestic sector originate from trans-border trafficking for exploitation and that visits by labour inspectors do not detect them. Considering that children engaged as domestic workers are particularly exposed to the worst forms of child labour, the Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, including hazardous work, ensure their access to education, and to provide information on the specific measures adopted in this respect, taking into account the special situation of girls. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. Sale and trafficking of children and court decisions. In its previous comments, the Committee noted that, according to the information contained in a 2006 UNICEF report entitled “Trafficking in human beings, in particular women and children, in West and Central Africa”, a number of children, particularly girls, are victims of internal and cross-border trafficking, for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that the Government had brought the national legislation relating to the sale and trafficking of children into line with the Convention. However, it observed that, according to the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), even though policies and laws existed to protect children against trafficking and several structures had an operational mandate in this area, legislation was not regularly enforced and coordination was weak, and for this reason trafficking was a major threat to children in the country. It also noted that 11 court cases were in progress, most of which had been referred to the Office of the Public Prosecutor.

The Committee notes the Government’s indication that decisions on the 11 court cases have not yet been handed down. The Committee also notes the Government’s indication that a police operation was undertaken from 6 to 15 December 2010 with the collaboration of Interpol, during which over 38 presumed traffickers were arrested. The police forces also arrested two men of foreign nationality who were presumed to have engaged in trafficking in children. In January 2012, a woman of foreign nationality was arrested for the ill-treatment and forced labour of six children. The Government adds that prosecutions have been initiated in relation to all of these arrests.

The Committee notes that the United Nations Special Rapporteur on trafficking in persons visited Gabon in May 2012. The Committee notes the preliminary conclusions of the mission of the Special Rapporteur, in which she observes that it is alarming that up to now no case relating to trafficking has been judged by the criminal courts, which contributes to the impunity enjoyed by traffickers who engage in illicit and clandestine operations. The Special Rapporteur therefore recommends that the performance of the courts needs to be improved to ensure the rapid examination of cases of trafficking through regular sittings of the criminal court. The Committee expresses concern at the fact that the prosecutions of those who are presumed to be responsible for trafficking in children in Gabon do not appear to be dealt with by the national courts in good time. The Committee once again urges the Government to take the necessary measures to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force and to ensure the speedy determination of trafficking cases in the courts. In this respect, it once again requests the Government to provide specific information with its next report on the application of the provisions relating to this worst form of child labour, including statistics on the number of convictions and penalties imposed, as well as copies of the court decisions relating to the cases referred to the Office of the Public Prosecutor.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. In its previous comments, the Committee once again requested the Government to provide information on the operation of the Council and the watchdog committees entrusted with preventing and combating trafficking in children.

The Committee notes the Government’s indications that the Council to Prevent and Combat the Trafficking of Children is an administrative authority under the responsibility of the Ministry of Human Rights. In practice, the monitoring of the phenomenon of trafficking is ensured by a Monitoring Committee and watchdog committees. The Monitoring Committee is the national focal point to combat trafficking in children and is competent to assist the Council in its functions and for the implementation of its decisions. At the national level, the Monitoring Committee is entrusted with coordinating the formulation and implementation of the national strategy to combat trafficking in children. At the international level, the responsibilities of the Monitoring Committee include the establishment of bilateral cooperation and judicial assistance mechanisms for the protection of child victims of trans-border trafficking. The watchdog committees, which were created in 2004 in the context of the ILO/IPEC/LUTRENA project, are responsible for monitoring and combating trafficking in children for their exploitation within the country. The Monitoring Committee is the body responsible for planning and coordinating the activities of the watchdog committees in the seven provinces where they are currently operational. The watchdog committees are composed of two bodies, namely: (1) the intervention unit, which is responsible for detecting and repressing trafficking in children; and (2) the support unit, which provides aid and assistance to child victims of trafficking. The Government adds that, in the context of the “Bana” operation in December 2010, around 20 children were identified and removed from trafficking as a result of the action of the watchdog committees.

The Committee takes due note of the structures that exist to combat trafficking in children. However, it notes that, in her preliminary conclusions on her mission to Gabon, the Special Rapporteur on trafficking in persons observes that the coordination of action against trafficking remains weak, particularly among public institutions and between the central administration and local communities. The Committee, therefore, requests the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee, so as to ensure the application of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress achieved in this respect. It also asks the Government to continue providing information on the number of child victims of trafficking identified and protected by the watchdog committees.

2. Labour inspection. The Committee noted previously that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005, the labour inspector may immediately draw up a notification of any violations relating to the trafficking of children. It noted that the Conference Committee on the Applications of Standards, in its conclusions in June 2007, asked the Government to strengthen the authority of the labour inspection services to enforce the law and to increase their human and financial resources. The Committee on the Application of Standards further asked the Government to ensure that regular inspections are carried out by the labour inspectorate. In this respect, the Committee noted that, under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors are required to report any evidence of the exploitation of children for the purposes of labour. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide statistics on the number of violations reported by the labour inspectorate involving children under 18 years of age engaged in any of the worst forms of child labour, particularly in the informal sector. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation are given an initial medical examination a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, are hospitalized. In addition, with a view to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists and benefit from social and educational activity programmes and administrative and legal support in association with the Monitoring Committee and the watchdog committees. The Committee also noted that children removed from trafficking are, during their stay in the centres, enrolled free of charge, according to their age, in state schools in which they enjoy the same advantages as other children. Those who are no longer of school age are enrolled in literacy centres.

The Committee notes the information provided by the Government concerning the “National manual of procedures for the care of child victims of trafficking”, which sets out a series of procedures and duties required of all actors called upon to play a role in the return of child victims of trafficking to their country of origin or their social integration. The Government indicates that in 2011 the Monitoring Committee trained social workers with a view to providing them with sound knowledge of the rules contained in the manual on the identification and removal of victims of trafficking, and on their administrative and psycho-social care. The Government adds that the administrative authorities have identified around ten victims, who have received care in reception centres, and that ten children (one boy and nine girls) have been repatriated with the collaboration of their countries of origin. However, the Committee notes that, according to the Special Rapporteur on trafficking in persons, although the Government offers victims of trafficking access to reception centres, there is a discrepancy between those who need assistance and those who actually receive it in public reception centres, which only take in children under the age of 12 years. The Committee, therefore, firmly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and requests it once again to provide information on the number of children under 18 years of age who have in practice been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee emphasized previously that, during the discussion which took place in the Conference Committee on the Application of Standards in June 2007, the Government representative indicated that consideration was being given to the possibility of taking steps to increase the number of police officers at land, maritime and aerial borders, using joint border patrols and opening transit centres at these borders. It noted that the Government had signed the Multilateral Regional Cooperation Agreement against the Trafficking of Children in West and Central Africa in July 2006 (the 2006 Regional Cooperation Agreement), and that a bilateral agreement relating to trafficking in children was being negotiated with Benin. The Committee requested the Government to continue providing information on the measures taken to give effect to the 2006 Regional Cooperation Agreement and expressed the hope that the bilateral agreement on trafficking in children with Benin would be concluded in the near future.

The Committee notes the absence of information on this point in the Government’s report. However, it observes that, although the Special Rapporteur on trafficking in persons, in her preliminary conclusions, welcomes the Government’s intention to sign bilateral agreements on trafficking in persons with several neighbouring countries, the conclusion of memoranda of understanding has not yet taken place in practice. The Special Rapporteur observes that, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon is in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. The Committee, therefore, firmly encourages the Government to intensify its efforts to ensure that bilateral agreements on trafficking in persons, with Benin and other neighbouring countries, are concluded in the very near future, particularly with a view to strengthening the numbers of border police. It requests the Government to provide information in its next report on the progress achieved in this respect.

Application of the Convention in practice. In its previous comments, the Committee noted that the lack of recent statistics on trafficking in children in the country was emphasized in the discussion in the Committee on the Application of Standards in 2007. In this respect, the Government representative indicated that the Government would carry out an analysis of the national situation concerning trafficking in children in Gabon and a mapping of trafficking routes and areas in which forced labour involving children was practiced would be carried out as soon as the necessary resources allowed.

The Committee notes the Government’s indication that it will present the study on the situation of trafficking in children as soon as it has been conducted. It also notes the Government’s indications that Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012, with a view to creating a guidance tool for measures intended to help the Government to follow trends in the problems related to the rights of the child. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 organizing the social assistance and family protection implementation scheme, is intended to ensure the availability on a permanent basis in Gabon a database of precise statistics on child protection.

However, the Committee notes the remark by the Special Rapporteur on trafficking in persons, in her preliminary conclusions, that she had noted in Gabon the absence of a corpus of reliable national data for the determination of the prevalence rate, forms, trends and manifestations of trafficking in persons.

Observing that the Government has been referring to the study on the situation of trafficking in children in Gabon for several years, the Committee urges it to take the necessary measures to ensure that the study on the situation of trafficking in children in Gabon is undertaken in the very near future, and requests the Government to provide information in its next report on the progress achieved in this respect. The Committee also requests the Government to provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 18 years of age engaged in the worst forms of child labour.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. All forms of slavery or practices similar to slavery. 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, even though section 147 of the Code of Audiovisual, Cinematographic and Written Communication provides that public or private cinema production enterprises must take particular care to ensure the protection of children and young persons, no provision prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that, in the context of the current revision of the Code of Audiovisual, Cinematographic and Written Communication, it is planned to prohibit and repress the phenomenon of child pornography. The Committee urges the Government to take immediate measures to ensure that the Code of Audiovisual, Cinematographic and Written Communication is revised in the very near future so as to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and requests it to provide information in its next report on the progress achieved in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the Government’s indication that, under section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in illicit work, which is considered to be one of the worst forms of child labour. Nevertheless, the Committee observed that section 177 refers to the prohibition of work which, by its nature or the circumstances in which it is performed, is likely to jeopardize the health, safety or morals of children, but that it does not refer explicitly to the use, procuring or offering of a child for illicit activities.

The Committee notes the Government’s indication that sections 278bis and 278bis(4) of the Penal Code, as amended by Ordination No. 4/2001 of 14 August 2001, read together with section 20 of Act No. 9/2004 of 21 September 2004 on measures to prevent and combat trafficking in children in the Republic of Gabon, envisage the suppression of any act involving the exploitation of children for labour. The Committee however observes that this provision relates specifically to the trafficking of children for exploitation and, once again, do not explicitly prohibit the use, procuring or offering of a child for illicit activities. The Committee once again urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in the national legislation. It requests the Government to provide information in its next report on the progress achieved in this respect.

Article 4(1) and (3). Hazardous types of work and the determination and revision of such types of work. The Committee previously noted with interest that section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, provides that children under 18 years of age may not be employed in work considered as the worst forms of child labour, and particularly in work which, by its nature or the circumstances in which it is performed, is likely to harm their health, safety or morals. It noted that, under this provision, the list of types of work and categories of enterprise prohibited for young persons, and also the age limit to which the prohibition applies, shall be determined by decree issued by the Council of Ministers after consultation with employers’ and workers’ organizations. The Committee, however, noted the Government’s indication that the list of hazardous types of work determined by Decree No. 275 of 5 November 1962 is still in force. It also noted that no consultations had taken place with employers’ and workers’ organizations for the revision of the list. It reminded the Government that, under the terms of Article 4(3) of the Convention, the list of hazardous types of work thus determined must be periodically examined and revised as necessary, in consultation with the employers’ and workers’ organizations concerned.

The Committee notes the Government’s indication that Decree No. 275 of 5 November 1962 remains in force, but that the revision of the list of hazardous types of work is currently being undertaken. The Committee requests the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is revised, in accordance with Article 4(3) of the Convention, in the very near future. It requests the Government to provide a copy of the list of hazardous types of work, once it has been duly revised.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free, basic education. In its previous comments, the Committee observed that, according to the information contained in the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), despite the improvements noted in recent years in terms of the net school enrolment rate and gender parity in primary education, progress is undermined by the high drop-out rates and a high percentage of children repeating classes. In addition, according to UNICEF statistics for 2003–08, the secondary school attendance rate (12–18 years) remains low (about 35 per cent) in comparison with primary education.

The Committee notes the Government’s indication that a subregional training workshop on technical methods to combat school drop-outs was held in Libreville from 26 to 28 April 2011, following which the Government abolished the system excluding children from school in a situation of multiple failure, in the case where these children have exceeded the age limit, and reorienting them towards vocational training centres. The Government adds that, in the context of its new education policy, it has adopted Act No. 21/2011 of 14 February 2012 issuing the general policy for education, training and research. Section 2 of the Act provides that schools shall be free and compulsory from 6 to 16 years of age. Taking due note of the efforts made by the Government, and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. The Committee requests the Government to provide information on the results achieved in terms of statistics on school enrolment, class repetition and drop-out rates.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the information contained in the 2008 Factsheet on HIV and AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there were approximately 18,000 child HIV/AIDS orphans in Gabon. According to the Factsheet, measures have been taken for orphans and vulnerable children (OVCs), including the provision of support in kind, such as food and school supplies. In addition, a new National Strategic Plan on HIV (2008–12) was being drawn up.

The Committee notes the absence of information on this subject in the Government’s report. However, it notes that, according to UNAIDS statistics, the number of child HIV/AIDS orphans in Gabon in 2008 is still estimated at 18,000. The Committee also notes that, according to the national follow-up report on the HIV/AIDS Declaration of Commitment (UNGASS 2010) for Gabon, the implementation of the National Strategic Plan on HIV (2008–12) is not satisfactory. Expressing concern at the number of child HIV/AIDS orphans in Gabon, and recalling that these children are at greater risk of being engaged in the worst forms of child labour, the Committee firmly encourages the Government to intensify its efforts to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It once again requests the Government to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–12) and the results achieved.

2. Street children. In its previous comments, the Committee noted the Government’s indication that it was conducting a study on street children in the context of the new national policy to combat child labour. According to the Government, the results of the study would make it possible to identify these children and to guide them towards vocational training centres.

The Committee notes the Government’s indication that a study on the causes and extent of the phenomenon of street children has been conducted. According to the findings of the study, the number of street children has been estimated at 1,000 on the national territory. The phenomenon is evident in the major urban centres. Street children are visible around markets, restaurants, crossroads, bus stations, bus and taxi stops, car parks and public dumps. The phenomenon of street children is due to several causes; one of the main causes appears to be family break ups. Street children often come into conflict with the law because they are in a situation in which they have to cater for their own needs, and they are often brought into police stations (65 per cent). The Government indicates that the joint efforts of the Ministry of the Family and Social Affairs and the Ministry of Human Rights have resulted in the introduction in the central prison of a vocational training unit and a multimedia room to enable children who are not attending school and who are in conflict with the law to be reintegrated into society. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to remove children from the streets and ensure their rehabilitation and social integration, and to provide information on the results achieved. In this respect, the Committee requests the Government to provide information on the number of street children who are in conflict with the law who have been reintegrated into society following the vocational training provided in the central prison.

3. Domestic workers. In its previous comments, the Committee noted the Government’s indication that the situation of children engaged as domestic workers remains a cause for concern, as these children perform their work in private houses and are therefore hidden from view. Nevertheless, the Government’s report indicated that the action taken to prohibit the worst forms of child labour limits the number of cases of abuse.

The Committee notes the Government’s indication that children working in the domestic sector originate from trans-border trafficking for exploitation and that visits by labour inspectors do not detect them. Considering that children engaged as domestic workers are particularly exposed to the worst forms of child labour, the Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, including hazardous work, ensure their access to education, and to provide information on the specific measures adopted in this respect, taking into account the special situation of girls. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. In its previous comments, the Committee noted that, according to the information contained in a 2006 UNICEF report entitled “Trafficking in human beings, in particular women and children, in West and Central Africa”, a number of children, particularly girls, are victims of internal and cross-border trafficking, for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that the Government had brought the national legislation relating to the sale and trafficking of children into line with the Convention. However, it observed that, according to the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), even though policies and laws existed to protect children against trafficking and several structures had an operational mandate in this area, legislation was not regularly enforced and coordination was weak, and for this reason trafficking was a major threat to children in the country. It also noted that 11 court cases were in progress, most of which had been referred to the Office of the Public Prosecutor.

The Committee notes the Government’s indication that decisions on the 11 court cases have not yet been handed down. The Committee also notes the Government’s indication that a police operation was undertaken from 6 to 15 December 2010 with the collaboration of Interpol, during which over 38 presumed traffickers were arrested. The police forces also arrested two men of foreign nationality who were presumed to have engaged in trafficking in children. In January 2012, a woman of foreign nationality was arrested for the ill-treatment and forced labour of six children. The Government adds that prosecutions have been initiated in relation to all of these arrests.

The Committee notes that the United Nations Special Rapporteur on trafficking in persons visited Gabon in May 2012. The Committee notes the preliminary conclusions of the mission of the Special Rapporteur, in which she observes that it is alarming that up to now no case relating to trafficking has been judged by the criminal courts, which contributes to the impunity enjoyed by traffickers who engage in illicit and clandestine operations. The Special Rapporteur therefore recommends that the performance of the courts needs to be improved to ensure the rapid examination of cases of trafficking through regular sittings of the criminal court. The Committee expresses concern at the fact that the prosecutions of those who are presumed to be responsible for trafficking in children in Gabon do not appear to be dealt with by the national courts in good time. The Committee once again urges the Government to take the necessary measures to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force and to ensure the speedy determination of trafficking cases in the courts. In this respect, it once again requests the Government to provide specific information with its next report on the application of the provisions relating to this worst form of child labour, including statistics on the number of convictions and penalties imposed, as well as copies of the court decisions relating to the cases referred to the Office of the Public Prosecutor.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. In its previous comments, the Committee once again requested the Government to provide information on the operation of the Council and the watchdog committees entrusted with preventing and combating trafficking in children.

The Committee notes the Government’s indications that the Council to Prevent and Combat the Trafficking of Children is an administrative authority under the responsibility of the Ministry of Human Rights. In practice, the monitoring of the phenomenon of trafficking is ensured by a Monitoring Committee and watchdog committees. The Monitoring Committee is the national focal point to combat trafficking in children and is competent to assist the Council in its functions and for the implementation of its decisions. At the national level, the Monitoring Committee is entrusted with coordinating the formulation and implementation of the national strategy to combat trafficking in children. At the international level, the responsibilities of the Monitoring Committee include the establishment of bilateral cooperation and judicial assistance mechanisms for the protection of child victims of trans-border trafficking. The watchdog committees, which were created in 2004 in the context of the ILO/IPEC/LUTRENA project, are responsible for monitoring and combating trafficking in children for their exploitation within the country. The Monitoring Committee is the body responsible for planning and coordinating the activities of the watchdog committees in the seven provinces where they are currently operational. The watchdog committees are composed of two bodies, namely: (1) the intervention unit, which is responsible for detecting and repressing trafficking in children; and (2) the support unit, which provides aid and assistance to child victims of trafficking. The Government adds that, in the context of the “Bana” operation in December 2010, around 20 children were identified and removed from trafficking as a result of the action of the watchdog committees.

The Committee takes due note of the structures that exist to combat trafficking in children. However, it notes that, in her preliminary conclusions on her mission to Gabon, the Special Rapporteur on trafficking in persons observes that the coordination of action against trafficking remains weak, particularly among public institutions and between the central administration and local communities. The Committee, therefore, requests the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee, so as to ensure the application of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress achieved in this respect. It also asks the Government to continue providing information on the number of child victims of trafficking identified and protected by the watchdog committees.

2. Labour inspection. The Committee noted previously that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005, the labour inspector may immediately draw up a notification of any violations relating to the trafficking of children. It noted that the Conference Committee on the Applications of Standards, in its conclusions in June 2007, asked the Government to strengthen the authority of the labour inspection services to enforce the law and to increase their human and financial resources. The Committee on the Application of Standards further asked the Government to ensure that regular inspections are carried out by the labour inspectorate. In this respect, the Committee noted that, under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors are required to report any evidence of the exploitation of children for the purposes of labour. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide statistics on the number of violations reported by the labour inspectorate involving children under 18 years of age engaged in any of the worst forms of child labour, particularly in the informal sector. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation are given an initial medical examination a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, are hospitalized. In addition, with a view to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists and benefit from social and educational activity programmes and administrative and legal support in association with the Monitoring Committee and the watchdog committees. The Committee also noted that children removed from trafficking are, during their stay in the centres, enrolled free of charge, according to their age, in state schools in which they enjoy the same advantages as other children. Those who are no longer of school age are enrolled in literacy centres.

The Committee notes the information provided by the Government concerning the “National manual of procedures for the care of child victims of trafficking”, which sets out a series of procedures and duties required of all actors called upon to play a role in the return of child victims of trafficking to their country of origin or their social integration. The Government indicates that in 2011 the Monitoring Committee trained social workers with a view to providing them with sound knowledge of the rules contained in the manual on the identification and removal of victims of trafficking, and on their administrative and psycho-social care. The Government adds that the administrative authorities have identified around ten victims, who have received care in reception centres, and that ten children (one boy and nine girls) have been repatriated with the collaboration of their countries of origin. However, the Committee notes that, according to the Special Rapporteur on trafficking in persons, although the Government offers victims of trafficking access to reception centres, there is a discrepancy between those who need assistance and those who actually receive it in public reception centres, which only take in children under the age of 12 years. The Committee, therefore, firmly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and requests it once again to provide information on the number of children under 18 years of age who have in practice been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee emphasized previously that, during the discussion which took place in the Conference Committee on the Application of Standards in June 2007, the Government representative indicated that consideration was being given to the possibility of taking steps to increase the number of police officers at land, maritime and aerial borders, using joint border patrols and opening transit centres at these borders. It noted that the Government had signed the Multilateral Regional Cooperation Agreement against the Trafficking of Children in West and Central Africa in July 2006 (the 2006 Regional Cooperation Agreement), and that a bilateral agreement relating to trafficking in children was being negotiated with Benin. The Committee requested the Government to continue providing information on the measures taken to give effect to the 2006 Regional Cooperation Agreement and expressed the hope that the bilateral agreement on trafficking in children with Benin would be concluded in the near future.

The Committee notes the absence of information on this point in the Government’s report. However, it observes that, although the Special Rapporteur on trafficking in persons, in her preliminary conclusions, welcomes the Government’s intention to sign bilateral agreements on trafficking in persons with several neighbouring countries, the conclusion of memoranda of understanding has not yet taken place in practice. The Special Rapporteur observes that, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon is in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. The Committee, therefore, firmly encourages the Government to intensify its efforts to ensure that bilateral agreements on trafficking in persons, with Benin and other neighbouring countries, are concluded in the very near future, particularly with a view to strengthening the numbers of border police. It requests the Government to provide information in its next report on the progress achieved in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the lack of recent statistics on trafficking in children in the country was emphasized in the discussion in the Committee on the Application of Standards in 2007. In this respect, the Government representative indicated that the Government would carry out an analysis of the national situation concerning trafficking in children in Gabon and a mapping of trafficking routes and areas in which forced labour involving children was practiced would be carried out as soon as the necessary resources allowed.

The Committee notes the Government’s indication that it will present the study on the situation of trafficking in children as soon as it has been conducted. It also notes the Government’s indications that Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012, with a view to creating a guidance tool for measures intended to help the Government to follow trends in the problems related to the rights of the child. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 organizing the social assistance and family protection implementation scheme, is intended to ensure the availability on a permanent basis in Gabon a database of precise statistics on child protection.

However, the Committee notes the remark by the Special Rapporteur on trafficking in persons, in her preliminary conclusions, that she had noted in Gabon the absence of a corpus of reliable national data for the determination of the prevalence rate, forms, trends and manifestations of trafficking in persons.

Observing that the Government has been referring to the study on the situation of trafficking in children in Gabon for several years, the Committee urges it to take the necessary measures to ensure that the study on the situation of trafficking in children in Gabon is undertaken in the very near future, and requests the Government to provide information in its next report on the progress achieved in this respect. The Committee also requests the Government to provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 18 years of age engaged in the worst forms of child labour.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes that, even though section 147 of the Code of Audiovisual, Cinematographic and Written Communication provides that public or private cinema production enterprises must take particular care to ensure the protection of children and young persons, no provision prohibits the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee urges the Government to take immediate and effective steps to ensure that children under 18 years of age enjoy the protection afforded by the Convention against this worst form of child labour, and requests it to provide information in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Further to its previous comments, the Committee notes the Government’s indication that, under section 177 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in illicit work, which is considered to belong to the worst forms of child labour. However, the Committee observes that section 177 refers to the prohibition of work which, by its nature or the circumstances in which it is performed, is likely to jeopardize the health, safety or morals of children and does not refer explicitly to the use, procuring or offering of a child for illicit activities. The Committee requests the Government to take the necessary steps as a matter of urgency to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited in the legislation. It requests the Government to provide information on all progress made in this respect.

Article 4(1) and (3). Hazardous types of work and determination and revision of such types of work. Further to its previous comments the Committee notes with interest that section 177 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010 states that children under 18 years of age may not be employed in work considered as the worst forms of child labour, particularly work which, by its nature or the circumstances in which it is performed, is likely to harm their health, safety or morals. It notes that, under this provision, the list of types of work and categories of enterprise prohibited for young persons, and also the age limit to which the prohibition applies, is determined by a decree adopted in the Council of Ministers after consultation of the employers’ and workers’ organizations. The Committee notes the Government’s indication that the list of hazardous types of work determined by Decree No. 275 of 5 November 1962 is still in force. It also notes that no consultations have taken place with the employers’ and workers’ organizations with a view to revising this list. It reminds the Government that, under the terms of Article 4(3) of the Convention, the list of hazardous types of work must be periodically examined and revised as necessary, in consultation with the employers’ and workers’ organizations concerned. Noting the recent amendment of section 177 of the Labour Code, the Committee requests the Government to indicate whether it is contemplating the adoption of measures aimed at revising the list of hazardous types of work, as determined by Decree No. 275 of 5 November 1962.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the information contained in the 2008 factsheet on HIV and AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 18,000 HIV/AIDS orphans in Gabon. According to this factsheet, measures have been taken in favour of orphans and vulnerable children (OVCs), which have included support in kind, such as food and school supplies. In addition, a new National Strategic Plan on HIV (2008–12) was being drawn up.

The Committee notes that the Government’s report does not contain any information on the measures taken as part of the implementation of the new National Strategic Plan on HIV. The Committee urges the Government to step up its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour and again requests it to provide information on the specific measures taken in this respect in the context of the National Strategic Plan on HIV (2008–12).

2. Street children. Further to its previous comments, the Committee notes the Government’s indication that it is currently conducting a study on street children in the context of the new national policy to combat child labour. According to the Government, the results of this study will make it possible to identify these children and encourage them to take up vocational training opportunities. The Committee requests the Government to supply further information on the measures taken or contemplated to protect street children against the worst forms of child labour as part of the new national policy to combat child labour, and requests it to send a copy of the study concerning street children.

3. Child domestic workers. With reference to its previous comments, the Committee notes the Government’s indication that the situation of child domestic workers remains a source of concern, in view of the fact that these children work in private houses and are therefore hidden from view. Nevertheless, the Government’s report states that action taken to prohibit the worst forms of child labour limits the number of cases of abuse. In view of the fact that child domestic workers are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take immediate and effective steps to protect child domestic workers from the worst forms of child labour and provide information on the specific measures taken in this regard, taking account of the special situation of girls.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. The Committee previously noted that the Government has brought its legislation relating to the sale and trafficking of children into line with the Convention. However, it noted that, according to the information contained in a 2006 UNICEF report entitled “Trafficking in human beings, in particular women and children, in West and Central Africa”, a number of children, particularly girls, are victims of internal and cross-border trafficking, for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee noted that, despite the statement made by the Government representative in the Conference Committee on the Application of Standards in June 2007 that there is no internal trafficking of children in the national territory, it emerged from the discussion that took place within this Committee that children are victims of both internal and cross-border trafficking in the country. It also noted that 11 court cases are in progress, most of which have been referred to the Public Prosecutor’s Office.

The Committee notes the Government’s indication that statistics on convictions and penalties imposed are not available at present. It also notes that the decisions on the 11 court cases will be communicated as soon as possible. The Committee observes that, according to the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session of September 2010 (E/ICEF/2010/P/L.17, paragraph 21), even though policies and laws exist to protect children against trafficking and several structures have an operational mandate in this area, legislation is not regularly enforced and coordination is weak, and for this reason trafficking is a major threat to children in the country. It also notes the information regarding Gabon in the 2010 report on human trafficking, published on the website of the Office of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), according to which, despite the fact that more than 30 persons were arrested for human trafficking between 2003 and 2008, no conviction has been recorded with respect to the reporting period. The Committee urges the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force. It again requests the Government to supply specific information on the application of the provisions relating to this worst form of child labour, including statistics on the number of convictions and penalties imposed. Finally, it expresses the strong hope that the Government will send in the very near future a copy of court decisions relating to the cases referred to the Public Prosecutor’s Office.

Article 5. Monitoring mechanisms. 1. Council to prevent and combat the trafficking of children. With reference to its previous comments, the Committee notes the Government’s indications that the Council and watchdog committees responsible for preventing and combating the trafficking of children have the task of identifying any situation involving child labour and notifying the administrative and judicial authorities. The Committee once again requests the Government to supply information on the operation of the Council and watchdog committees responsible for preventing and combating the trafficking of children. In this regard, it requests the Government to provide information as soon as possible on the number of child victims of trafficking identified by the Council and the watchdog committees.

2. Labour inspection. The Committee previously noted that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005 [Decree No. 007141 of 22 September 2005], the labour inspector may immediately draw up a report of any violations relating to the trafficking of children. It noted that the Committee on the Application of Standards, in its conclusions of June 2007, asked the Government to strengthen the authority of the labour inspection services to enforce the law and also asked it to increase its human and financial resources. The Committee on the Application of Standards further asked the Government to ensure that regular inspections were carried out by the labour inspectorate. The Committee noted that a draft text is currently under examination with a view to the effective application of Decree No. 007141 of 22 September 2005. This draft text provides for the establishment of a special inspection unit responsible for combating child labour.

The Committee notes the Government’s indication that Decree No. 007141 of 22 September 2005 is directly applicable without any need for the prior adoption of implementing regulations. It also notes that the special inspection unit to deal with child labour has not yet been established. However, the Committee notes with interest that, under section 178 of the Labour Code as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors have the power to question, and have the security forces arrest, any child who they have good reason to think is employed in any activity corresponding to the worst forms of child labour, including in the informal sector. In addition, labour inspectors are required to report any evidence of exploitation of children for the purposes of labour. The Committee requests the Government to supply statistics on the number of violations reported by the labour inspectorate involving children under 18 years of age engaged in any of the worst forms of child labour, particularly in the informal sector. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. With reference to its previous comments, the Committee notes the Government’s statement to the effect that, in the context of the new national policy on the working of the education system, a major forum was organized by the Government in May 2010 for the purpose of a review, discussion and analysis of the situation in education and making suggestions for the future. It notes that the forum led to a number of recommendations aimed at improving the education system. The Committee observes that, according to the information contained in the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council during its second regular session of September 2010 (E/ICEF/2010/P/L.17, paragraph 21), despite the improvements recorded in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, progress is undermined by high drop-out rates and a high percentage of children repeating classes. In addition, according to UNICEF statistics for 2003–08, the secondary school attendance rate (12–18 years) remains low (about 35 per cent) in comparison with primary education. Considering that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system by taking measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the attendance rate in secondary education. The Committee requests the Government to provide information on the measures taken in the context of the new national policy on the functioning of the education system and to provide a copy of this policy.

Clause (b) Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation are given an initial medical examination a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, hospitalized. In addition, with a view to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists and benefit from social and educational activity programmes and administrative and legal support in association with the monitoring committee and watchdog committees. The Committee also noted that children removed from trafficking are, during their stay in the centres, enrolled free of charge according to their age in state schools in which they enjoy the same advantages as other children. Those who are no longer of school age are enrolled in literacy centres. The Committee asked the Government to provide information on the number of children who have been removed from trafficking and on the measures taken to ensure their rehabilitation and social integration.

The Committee notes that the Government’s report does not contain any further information on these points. However, it notes that, according to a UNICEF press release dated 13 November 2009, the Government has identified 34 child victims of trafficking (26 girls and eight boys between 11 and 18 years of age), 26 of them originating from Benin and eight from Togo and Mali, who were located on a boat which was boarded and searched in Gabonese territorial waters in October 2009. All the children were taken to reception centres to be given assistance pending repatriation to their countries of origin. Furthermore, according to the 2010 report on human trafficking, the Ministry of Family and Social Affairs has trained 30 groups of trainers and more than 100 social workers in procedures for taking care of the victims of trafficking as part of a six-week programme. The Committee strongly encourages the Government to continue to take immediate and effective measures to remove children from sale and trafficking and once again requests it to provide information on the number of children who have actually been removed from this worst form of child labour and placed in reception centres. Furthermore, it again requests the Government to supply information on the specific measures taken to ensure the rehabilitation and social integration of these children.

Article 8. International cooperation. The Committee previously noted that, during the discussion which took place within the Committee on the Application of Standards in June 2007, the Government representative indicated that the possibility of taking steps to increase the number of police officers at land, maritime and aerial borders, using joint border patrols and opening transit centres at these borders was being considered. The Committee also noted that the Government signed the Multilateral Regional Cooperation Agreement against the trafficking of children in West and Central Africa in July 2006 [2006 Regional Cooperation Agreement] and that a bilateral agreement relating to the trafficking of children is being negotiated with Benin.

The Committee notes the Government’s indication that current measures taken to give effect to the 2006 Regional Cooperation Agreement consist of information and awareness raising for the States parties to this Agreement, the establishment of a joint regional monitoring committee involving the ECOWAS and ECCAS countries, and the adoption of the “national roadmap” drawn up by Gabon for implementation of the regional plan. The Government’s report also indicates that negotiations with a view to signing a bilateral agreement with Benin are continuing. The Committee notes that, according to the information contained in the 2010 report on human trafficking relating to the case of the 34 child victims of trafficking identified on a boat which was boarded and searched in Gabonese territorial waters in October 2009, the Gabonese Government has set up a team, including with the support of the Government of Benin and UNICEF, in order to look for the families of the child victims and organize the safe repatriation of the Beninese children. The Committee requests the Government to continue to supply information on the steps taken to give effect to the 2006 Regional Cooperation Agreement, particularly concerning the strengthening of the police presence at borders, the establishment of the regional monitoring committee and the adoption of the “national roadmap” drawn up by Gabon to implement the regional plan. In addition, the Committee expresses the hope that the bilateral agreement on the trafficking of children being negotiated with Benin will be signed in the very near future and requests the Government to continue to supply information on any new developments in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that the lack of recent statistics on the trafficking of children in the country was emphasized in the discussion which took place within the Committee on the Application of Standards in 2007. In this respect, the Government representative indicated that the Government intended to carry out an analysis of the national situation concerning child trafficking in Gabon and a mapping of the trafficking routes and areas in which forced labour involving children was practised.

The Committee notes the Government’s indication that the undertaking made with respect to analysing the national situation concerning trafficking will be acted upon when resources are sufficient to allow it. The Committee again expresses the strong hope that the analysis of the situation of the trafficking of children in Gabon will be conducted in the very near future and requests the Government to continue to supply information in this regard.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Referring to its previous comments, the Committee notes the Government’s indication that section 147 of the Audiovisual, Cinematographic and Written Communication Code provides that public or private cinema production enterprises shall especially protect children and young persons. The Committee requests the Government to indicate the manner in which section 147 of the Audiovisual, Cinematographic and Written Communication Code allows, in practice, persons who use, procure or offer a child under 18 years of age for the production of pornography or for pornographic performances to be prosecuted and have criminal charges brought against them.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to provide information on the measures adopted to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. In its report, the Government indicates that the Penal Code provides for heavier penalties where the use of drugs by young persons under 18 years of age has been facilitated or where these products have been offered or given to minors. The Committee points out that the Convention prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. The Committee therefore requests the Government to take the necessary measures to prohibit and criminalize this worst form of child labour, in accordance with Article 3, paragraph (c), of the Convention.

Clause (d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that the provisions of the Labour Code, particularly those relating to the admission of children to hazardous types of work, only apply to workers who “have undertaken to place their occupational activity, in return for remuneration, under the direction and authority of another natural or legal person, whether public or private”. The Committee also noted the Government’s indication that the exploitation of children for economic purposes only occurs in the informal sector. It requested the Government to indicate the measures taken to ensure the protection of self-employed workers under 18 years of age against hazardous work.

The Committee notes that it emerges from the discussion which took place within the Committee on the Application of Standards in June 2007 that the extent of child labour in the informal economy is worrying. In 2004, it was estimated that 95 per cent of the 25,000 children working in Gabon were in the informal economy. The Committee notes that it also emerges from the discussion which took place within the Committee on the Application of Standards that foreign children living in Gabon are very often used in the informal economy as domestic workers, street vendors and beggars. The Committee also notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to expand the authority of the labour inspection services in enforcing the law.

In its report, the Government indicates that awareness-raising campaigns have been organized with NGOs and certain workers’ organizations in order to explain to society, including self-employed workers, the risks inherent in certain types of work and the worst forms of child labour. While duly noting this information, the Committee points out that awareness-raising measures, as important as they are in combating the worst forms of child labour, have to be combined with other protection measures. The Committee therefore requests the Government to indicate the manner in which children under 18 years of age benefit from the protection provided for in Article 3, paragraph (d), of the Convention against being employed in hazardous work. Referring to the conclusions of the Committee on the Application of Standards, the Committee urges the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure this protection.

Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. Referring to its previous comments, the Committee notes the Government’s indication that the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 has not yet been revised. It also notes the information provided by the Government that, when revising the Decree, it will take into account the relevant ILO instruments, including Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and will consult the employers’ and workers’ organizations. The Committee requests the Government to provide a copy of Decree No. 275 of 5 November 1962 as soon as it has been revised and to provide information on the consultations which will have been held with the employers’ and workers’ organizations.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). 1. Children at special risk. HIV/AIDS orphans. The Committee previously noted that, according to the information contained in the report on the global HIV/AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 20,000 children are HIV/AIDS orphans in Gabon. It requested the Government to take measures to protect HIV/AIDS orphans from the worst forms of child labour. The Committee notes that, according to the information contained in the fact sheet on HIV and AIDS of 2008 produced by UNAIDS and the World Health Organization (WHO), there are around 18,000 HIV/AIDS orphans in Gabon. It also notes that, according to this fact sheet, measures have been taken in favour of orphans and vulnerable children (OVC), which have included support in kind, such as food and school supplies. Furthermore, a new national strategic plan on HIV (2008–12) is in the process of being drawn up. The Committee notes, however, that, according to the information contained in the fact sheet on HIV and AIDS of 2008 by UNAIDS and the WHO, it is necessary to intensify the action already initiated in favour of OVCs, in particular with regard to the continued provision of support in kind, especially with regard to nutritional, educational and psychological matters, and a framework for the care of orphans and other vulnerable children should be established.

While noting the reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expresses concern at the number of children who are still affected by the epidemic in the country. It observes that HIV/AIDS has negative consequences on HIV/AIDS orphans and that there is a greater risk of them becoming engaged in the worst forms of child labour. The Committee urges the Government to step up efforts to protect these children and requests it to provide information on the specific time-bound measures taken, in particular in the context of the implementation of the new national strategic plan on HIV (2008–12), to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children and child domestic workers. In its previous comments, the Committee noted that, according to the information available to the Office, many children live or work in the streets or are engaged in domestic work in Gabon. It requested the Government to provide information on the measures taken to protect these children from the worst forms of child labour. Noting that the Government’s report does not contain any information in this regard, the Committee once again notes that children living or working in the streets or engaged in domestic work are particularly exposed to the worst forms of child labour. It therefore requests the Government to take time-bound measures to protect these children against the worst forms of child labour. It also requests it to provide information on the measures taken in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its report. It also notes the information provided by it in June 2007 at the 96th Session of the Committee on the Application of Standards, as well as the discussion which took place on that occasion.

Article 3, clause (a), of the Convention and Part III of the report form. Sale and trafficking of children and court decisions. In response to previous comments, the Committee notes that the Government has brought its legislation in respect of the sale and trafficking of children into line with the Convention. The Committee notes however that, according to the information contained in a UNICEF report of 2006 entitled “Trafficking in human beings, in particular women and children, in West and Central Africa”, a number of children, particularly girls, are victims of internal and cross-border trafficking, to work as domestic workers or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. Beninese children sent to Gabon mainly come from the departments of Ouémé, Mono, Atlantique and Zou. According to the UNICEF report, in the border regions of Gabon, Cameroon and Equatorial Guinea, the exchange of goods and the free movement of persons of certain ethnic identities, particularly the Fang, who do not require a visa to cross the border, facilitate trafficking.

The Committee notes that despite the declaration by the Government representative made in the Committee on the Application of Standards in June 2007 that there is no internal trafficking of children on the national territory, it emerged from the discussion that took place within this Committee that children are victims of both internal and cross-border trafficking in the country. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to ensure that persons who infringe the Convention are prosecuted and face sufficiently effective and dissuasive sanctions. In the regard, the Committee duly notes the Government’s indication that there are 11 judicial proceedings pending, most of which have been referred to the Public Prosecutor’s Office.

The Committee notes that, although the legislation is in conformity with the Convention on this matter, the sale and trafficking of children under 18 years of age for labour exploitation exists in the country. Referring to the conclusions of the Committee on the Application of Standards, the Committee urges the Government to redouble its efforts to ensure, in practice, the protection of children under 18 years of age against the sale and trafficking of children, including by ensuring thorough investigations and robust prosecutions of offenders and that effective and sufficiently dissuasive sanctions are imposed. In this regard, it requests the Government to provide information on the application of the provisions concerning the sale and trafficking of children for labour exploitation in practice by providing, in particular, statistics on the convictions and penal sanctions imposed. Furthermore, taking into account the information that judicial proceedings are pending, some of which have been referred to the Public Prosecutor’s Office, the Committee requests the Government to provide the court rulings handed down.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. The Committee previously noted the establishment of a Council to Prevent and Combat the Trafficking of Children, an administrative body dedicated to preventing and combating the trafficking of children. It also noted that the Council is responsible in particular for detecting cases of trafficking of children, identifying victims, removing the victims from their situation of exploitation and protecting their rights, and strengthening the action of the follow‑up committee in the province. The Committee requested the Government to continue providing information on the work of the Council.

The Committee notes from the discussion which took place in the Committee on the Application of Standards in June 2007 that questions remained with regard to the functioning of the Council and that information on its effectiveness was requested by members of that Committee. On that occasion, the Government representative indicated that the Council was not yet functioning. The Committee notes the information provided by the Government in its report that vigilance committees for the prevention and combating of the trafficking of children, which are regional structures, oversee the phenomenon of trafficking in the interior of the country and take responsibility for the child victims. The Committee requests the Government to provide information on the functioning of the Council and the vigilance committees, in particular with respect to the number of child victims of trafficking who have been rehabilitated and integrated into society.

2. Labour inspection. In its previous comments, the Committee noted that, under Decree No. 007141/PR/MTE/MEFBP of 22 September 2005 (Decree No. 007141 of 22 September 2005), a labour inspector may impose penalties directly in the case of offences relating to the trafficking of children. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards requested the Government to expand the authority of the labour inspection services in enforcing the law and to increase their human and financial resources. The Committee on the Application of Standards also requested the Government to ensure that regular visits were carried out by the labour inspectorate. In this regard, the Committee notes the Government’s indication that a draft text is currently being examined with a view to the effective implementation of Decree No. 007141 of 22 September 2005. This draft text provides for the creation of a special inspectorate responsible for combating child labour. Referring to its observation made under the Labour Inspection Convention, 1947 (No. 81), the Committee expresses the firm hope that the draft text which is in the process of being examined will give effect to the recommendation of the Committee on the Application of Standards and will equip the special inspectorate responsible for combating child labour, with the means to enable it to enforce effectively the national legislation on the sale and trafficking of children. The Committee requests the Government to provide information on any developments relating to the adoption of the draft text.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the document on the results of the Government’s action to combat the trafficking of children, which contains detailed information on the measures taken in the context of the subregional project on combating the trafficking in children for labour exploitation in West and Central Africa (IPEC/LUTRENA), the activities of which were completed in 2007.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes that, in its conclusions of June 2007, the Committee on the Application of Standards underlined the importance of free, universal and compulsory formal education in preventing the worst forms of child labour, and invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls. In this regard, the Committee notes that, according to the UNICEF statistics from 2006, the net school attendance at the primary level is 94 per cent for girls and boys and, at the secondary level, 36 per cent for girls and 34 per cent for boys. Furthermore, the Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All by 2015: Will we make it?, at least 20 per cent of the country’s primary school pupils are repeating or have repeated a year and the figure rises to more than 30 per cent for the first year of primary school.

The Committee takes note of the net school attendance rate at the primary level. However, it expresses concern at the rather low net school attendance rate at the secondary level and at the high level of repetition among pupils at the primary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, and referring to the conclusions of the Committee on the Application of Standards of June 2007, the Committee strongly encourages the Government to continue its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken to increase school attendance, particularly at the secondary level, and to reduce the repetition rate at the primary level. The Committee requests the Government to provide information on the results achieved.

2. Awareness-raising activities. Referring to its previous comments, the Committee notes the indication of the Government’s representative of June 2007 to the effect that a free hotline has been set up. Furthermore, it takes due note of the information provided by the Government that, in the context of combating the worst forms of child labour, awareness-raising campaigns have been organized with NGOs and a number of workers’ organizations in order to explain to society the gravity of the phenomenon of the trafficking of children and its immorality, the traumatic consequences of this scourge on children and the penalties incurred by persons engaged in trafficking or all those who exploit minors. The Committee requests the Government to continue its efforts to prevent children from becoming victims of trafficking for labour exploitation and requests it to provide information on the results achieved in this regard.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Reception centre and medical and social assistance for child victims of trafficking. In its previous comments, the Committee noted that section 5 of Act No. 09/2004 of 21 September 2004 provides for the establishment of specific medical and social assistance for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. It also noted that a national manual of procedures for dealing with child victims of trafficking has been prepared.

The Committee notes with interest the information provided by the Government’s representative to the Committee on the Application of Standards in June 2007 to the effect that, during the period 2003–05, 200 individuals who had been victims of trafficking were removed from this worst form of child labour, of whom 137 were children aged between 5 and 16 years. Of these 137 children,
115 were girls, who are the most affected by the phenomena of trafficking and exploitation. Furthermore, two-thirds of these children have been reintegrated into their country of origin and the others in Gabon.

The Committee also notes the information provided by the Government in its report that the country has four reception centres, three in Libreville and one in Port-Gentil. Children removed from a situation of exploitation receive an initial medical visit a few days after their placement in a centre. Children who are ill are taken care of by doctors and, if necessary, hospitalized. Furthermore, with a view to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists and benefit from social and educational activity programmes and administrative and legal support in association with the follow-up committee and vigilance committees. The Committee takes due note of the information provided by the Government that children removed from trafficking are, during their stay in the centres, according to their age, enrolled free of charge in public schools in which they benefit from the same advantages as other children. Those who have passed school age are enrolled in literacy centres. The Committee also notes the Government’s indication that the national manual of procedures for dealing with child victims of trafficking has been adopted. It develops a four-stage process: (a) identification of the victim; (b) removal; (c) administrative action and psychosocial care; and (d) restoration, accommodation and return to the country of origin or reintegration into Gabon.

The Committee requests the Government to continue providing information on the time-bound measures taken to remove child victims of sale and trafficking, in particular, the number of children who have actually been removed from this worst form of labour. The Committee also requests the Government to provide information on the specific measures taken in the context of the national manual on procedures for dealing with child victims of trafficking to ensure their rehabilitation and social integration.

Article 8. International cooperation. Referring to its previous comments, the Committee emphasizes that it emerged from the discussion which took place within the Committee on the Application of Standards in June 2007 that it is necessary for the Government to continue its cooperation with neighbouring countries to combat the trafficking of children. Moreover, the Government representative indicated on that occasion that the possibility of taking measures to increase the number of police officers at land, maritime and aerial borders, setting up joint border patrols and opening transit centres of neighbouring countries was being envisaged.

The Committee takes due note of the information provided by the Government that, in July 2006, it signed the Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa. It also notes the Government’s statement that it is negotiating a bilateral agreement with Benin regard to the trafficking of children. However, the Committee notes the Government’s indication that it has not given full effect to the matters of increasing the number of police officers at land, maritime and aerial borders, setting up joint border controls and establishing transit centres of neighbouring countries. The Committee requests the Government to provide information on the measures taken to give effect to the Multilateral Cooperation Agreement to Combat Trafficking in Persons. Furthermore, the Committee expresses the hope that the bilateral agreement with Benin on the trafficking of children will be signed in the near future and requests the Government to provide information on any developments in this regard. Finally, the Committee expresses the firm hope that, under these two agreements, measures will be taken to increase the number of police officers at land, maritime and aerial borders, in particular through the establishment of joint patrols at borders and the opening of transit centres of neighbouring countries.

Part V of the report form. Application of the Convention in practice. The Committee emphasizes that, in its observation of 2004, it noted the statistics included in the additional information attached to the Government’s initial report submitted to the Committee on the Rights of the Child in 2002 (GAB/1, page 12). According to these statistics, 25,000 children were working in Gabon, of whom between 17,000 and 20,000 were victims of trafficking. The Committee notes that, during the discussion which took place within the Committee on the Application of Standards in 2007, it was emphasized that there was a lack of recent statistical data on the trafficking of children in the country. In this regard, the Government representative indicated that the Government intended to carry out an analysis of the national situation concerning child trafficking in Gabon and a mapping of the trafficking routes and zones in which forced labour involving children was practised. The Committee notes that, in its conclusions of 2007, the Committee on the Application of Standards urged the Government to undertake a national study on child labour to assess the extent of the worst forms of child labour in the country. The Committee expresses the firm hope that the Government will carry out this analysis of the national situation concerning child trafficking in Gabon as soon as possible and requests the Government to provide information on this matter.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s indication that it has taken account of the comments made and that it intends, as soon as possible, to take the relevant measures. The Committee hopes that the Government will take the necessary measures to bring national law and practice into conformity with the points raised in its comment and it requests the Government to provide information on any progress achieved in this respect.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that Act No. 004/98 of 20 February 1998, on the general organization of national defence and public security, provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. It requested the Government to provide a copy of the Act. In its report, the Government indicates that section 40 of Act No. 9/85 of 29 January 1986, issuing the general conditions of service of members of the armed forces, establishes the voluntary nature of enlistment in the armed forces. The Government adds that section 110 of Act No. 43/87 of 31 December 1987, amending the general conditions of service of members of the armed forces, covers the age of admission to the armed forces. The Committee once again requests the Government to provide a copy of Act No. 004/98 of 20 February 1998, on the general organization of national defence and public security, and of Act No. 43/87 of 31 December 1987, amending the general conditions of service of members of the armed forces.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Once again, noting the absence of information in the Government’s report on this subject, the Committee again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes once again that the Government has not provided any information on this matter in its report. It therefore once again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous types of work. The Committee previously noted that the provisions of the Labour Code, and particularly those respecting the admission of young persons to hazardous types of work, only apply to workers who have “engaged to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private” (section 1 of the Labour Code). It also noted that, according to the information contained in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase and the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee noted the Government’s indication that the exploitation of children for economic purposes only occurs in the informal economy. It requested the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Noting the absence of information in the Government’s report, the Committee urges it to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under the age of 18 years in relation to work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. In its previous comments, the Committee noted that, under section 177 of the Labour Code, a decree issued jointly by the Minister responsible for labour and the Minister responsible for public health must establish the nature of the work and the categories of enterprises in which work by young persons is prohibited, and the age limit in respect of which the prohibition applies. It also noted that Decree No. 275 of 5 November 1962 contained a list of hazardous types of work prohibited for young persons under 18 years of age, which needed to be updated.

The Committee once again notes that the list of hazardous types of work, enumerated in Decree No. 275 of 5 November 1962, has not yet been revised. In this respect, it once again reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which includes a list of types of work to be taken into consideration when determining hazardous types of work. The Committee also reminds the Government that, when examining or revising the list of hazardous types of work determined in accordance with paragraph 1 of this Article, the organizations of employers and workers concerned must be consulted. The Committee once again hopes that the Government will revise the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 as soon as possible and that it will take into account these comments. The Committee also once again requests the Government to provide information on the consultations held with employers’ and workers’ organizations on this subject.

Article 5. Monitoring mechanisms. The Committee noted previously that a special inspection unit responsible for combating work by young persons had been established within the Ministry of Labour and Employment, but that it was not yet operational. It encouraged the Government to take all the necessary measures to ensure that this inspection unit becomes operational in the very near future and requested it to provide information on this subject. The Committee notes that the Government has not provided any information on this matter in its report. The Committee urges the Government to take all the necessary measures to ensure that this inspection unit becomes operational in the very near future and to provide information on its powers and the means at its disposal to combat the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the information provided by the Government to the effect that the number of persons arrested for the offence of the exploitation of children for economic purposes had increased over recent months and that court decisions on these cases would be handed down in the near future. It requested the Government to provide information on the number of persons convicted and the penalties imposed. Noting the absence of information in the Government’s report, the Committee urges it to provide information on the imposition of penalties in practice including, among other information, reports on the number and nature of infringements reported, investigations carried out, legal proceedings, convictions and the penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the Global HIV/AIDS Epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 20,000 children are HIV/AIDS orphans in Gabon. The Committee observes that one of the consequences of this epidemic for orphans is the greater risk of them becoming engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Gabon, to take the necessary measures to prevent its transmission within the population and to protect children who are HIV/AIDS orphans from the worst forms of child labour.

2. Street children and child domestic workers. According to the information available to the Office, many children live or work in the streets or are engaged in domestic work in Gabon. The Committee considers that children living or working in the streets or engaged in domestic work are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of these children from the worst forms of child labour.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that Gabon had undertaken to carry out the work of harmonizing the legislation prohibiting the trafficking of children in the context of the Subregional Project on Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (IPEC/LUTRENA). In this respect, the Committee notes that, despite the economic and financial difficulties experienced by the country, the Government has adopted a number of measures to prohibit and eliminate the sale and trafficking of children for economic and sexual exploitation. It notes with interest the adoption of two new decrees, namely Decree No. 007141/PR/
MTE/MEFBP of 22 September 2005 (hereinafter Decree 007141), establishing penalties for offences in the fields of labour, employment, occupational safety and health and social security and Decree No. 0024/PR/MTE of 6 January 2005 (hereinafter Decree 0024), establishing the conditions for supervision, searches and investigations with a view to preventing and combating the trafficking of children in the Republic of Gabon. The Committee requests the Government to provide copies of Decree 007141 and Decree 0024.

Article 5. Monitoring mechanisms. 1. Council to Prevent and Combat the Trafficking of Children. The Committee noted in previous comments that a Council to Prevent and Combat the Trafficking of Children, an administrative body, had been established specializing in preventing and combating the trafficking of children. It requested the Government to provide information on the work of the Council. The Committee notes the information provided by the Government to the effect that the Council is composed of representatives of employers’ and workers’ organizations. The Council is responsible for detecting cases of the trafficking of children, identifying victims, removing the victims from their situation of exploitation, protecting their rights, promoting information and awareness raising with a view to preventing this scourge and, finally, replicating the action of the Council at the provincial level. The Committee requests the Government to continue providing information on the work of the Council to Prevent and Combat the Trafficking of Children, including a copy of its annual report.

2. Labour inspection. The Committee notes the Government’s indication that, under the terms of section 4 of Decree 007141, a labour inspector may impose penalties directly in the case of offences relating to the trafficking of children. The Committee requests the Government to provide information on the measures taken in relation to the implementation of the Decree to enable labour inspectors to discharge their duties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the efforts made by the Government with a view to the implementation of Phases III and IV of the IPEC/LUTRENA project. It encourages the Government to pursue its efforts to combat the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that sections 4 and 5 of Act No. 09/2004 of 21 September 2004, to prevent and combat the trafficking of children in the Republic of Gabon (Act No. 09/2004), provide for prevention measures, including the organization of awareness-raising and information campaigns among families and children, with the participation of legally recognized non-governmental organizations (NGOs) and civil society. The Committee also noted that, according to the information on the IPEC/LUTRENA project available to the Office, around 90 children had been prevented from becoming victims of sale or trafficking. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the application, in practice, of sections 4 and 5 of Act No. 09/2004, particularly in relation to the measures adopted to prevent children from becoming victims of sale and trafficking for economic and sexual exploitation.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Reception centre and medical and social assistance for child victims of trafficking. The Committee noted previously that section 5 of Act No. 09/2004 provides for the establishment of specific medical and social assistance for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. The Committee also noted that, according to the information on the IPEC/LUTRENA project available to the Office, some 75 child victims of trafficking had been removed from this worst form of child labour. It also noted that these children had benefited from medical and social services and guidance, and that some of them had been returned to their families. The Committee requested the Government to provide information on the effect given in practice to section 5 of Act No. 09/2004. The Committee notes that the Government has not provided any information on this point. However, it notes the Government’s indication that a manual of procedures for dealing with child victims of trafficking has been prepared. The Committee therefore requests the Government to provide information on the effect given in practice to this manual of procedures and to provide a copy. It also requests the Government to provide information on the application and impact in practice of section 5 of Act No. 09/2004, particularly with regard to: (1) the number and location of the reception centres for child victims of trafficking which have been established in the country to receive child victims of trafficking who have been removed from this worst form of child labour; and (2) the specific medical and social assistance programmes formulated and implemented for child victims of trafficking, particularly with regard to the measures taken to ensure their rehabilitation and social integration following their removal from this worst form of child labour.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes that the Government has not provided any information on this matter. It recalls that education is one of the most effective means of combating child labour, and particularly its worst forms. The Committee once again urges the Government to provide information on the measures established in the context of the IPEC/LUTRENA project to enable child victims of trafficking who are removed from this worst form of child labour to have access to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted the Government’s indication that a system of dialogue had been established between Gabon and the countries of origin of child workers with a view to the elimination of the trafficking of children. It requested the Government to provide additional information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly on whether exchanges of information had led to the identification and arrest of persons involved in networks engaged in the trafficking of children. The Committee once again notes that the Government has not provided any information on this subject. It therefore once again urges the Government to provide information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly whether exchanges of information have led to: (1) the identification and arrest of persons involved in networks engaged in the trafficking of children; and (2) the detection and interception of child victims of trafficking in frontier areas.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that section 14 of Act No. 09/2004 provides that officers of the judicial police and public officials in the Ministry for the Family and the Protection of Children and the Ministry of Labour and Employment may undertake the investigations, controls and searches necessary for its application. The Committee requested the Government to provide information on the application of Act No. 09/2004 in practice. The Committee notes the Government’s indication that Decree 0024 was adopted under section 14 of Act No. 09/2004 and establishes the conditions for investigations, controls and searches in the field of the trafficking of children. It requests the Government to provide information on the measures adopted for the implementation of the provisions of this Decree with a view to protecting child victims of trafficking or removing them from this worst form of child labour, such as increasing the numbers of police officers on the land, maritime and air frontiers, the establishment of common patrols on national borders and the opening of transit centres on borders with neighbouring countries. It also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied.

A request on other points is also being addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted previously that, in its initial report to the Committee on the Rights of the Child in July 2001 (CRC/C/41/Add.10, paragraph 81), the Government indicated that Act No. 004/98 of 20 February 1998 on the general organization of national defence and public security provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. The Committee once again requests the Government to provide a copy of the Act.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures adopted or envisaged to prohibit and repress the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Noting the absence of information in the Government’s report on this subject, the Committee once again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d) and Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. In its previous comments, the Committee noted that, under section 177 of the Labour Code, a decree issued jointly by the Minister responsible for labour and the Minister responsible for public health shall establish the nature of the work and the categories of enterprises in respect of which young persons may not work, and the age limit in respect of which the prohibition applies. It also noted that Decree No. 275 of 5 November 1962 contained a list of hazardous types of work prohibited for young persons under 18 years of age. Furthermore, the Government indicated that Decree No. 275 of 5 November 1962 had to be updated. The Committee expressed the hope that the Government would rapidly update Decree No. 275 of 5 November 1962 determining the list of hazardous types of work.

The Committee notes the Government’s indication that the list of hazardous types of work enumerated in Decree No. 275 of 5 November 1962 has not yet been revised. The Committee reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which provides that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; and (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health. The Committee once again hopes that the Government will revise the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 as soon as possible and that it will take into account the above comments. The Committee requests the Government to provide information on the consultations held with employers’ and workers’ organizations on this subject.

Article 5. Monitoring mechanisms. The Committee noted previously the Government’s indication that it had established, within the Ministry of Labour and Employment, a special inspectorate responsible for combating work by young persons. However, the Government indicated that this unit was not yet operational. The Committee encouraged the Government to make every effort to ensure that this inspection unit became operational in the very near future. In this connection, the Committee notes the Government’s indication that only isolated operations are undertaken in the country. It once again requests the Government to take the necessary measures to establish this special inspection unit and to provide information on its powers and resources to combat the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various texts are applied in practice so as to secure the effective implementation of the provisions giving effect to the Convention. In this respect, it notes the information provided by the Government to the effect that the number of persons arrested for openly exploiting children for economic purposes have increased over recent months. The Government adds that court decisions arising from these arrests will be handed down in the near future. The Committee requests the Government to provide information on the convictions and the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identification of children at special risk. The Committee noted previously that the provisions of the Labour Code, particularly those relating to the admission of children to hazardous work, only apply to workers who have "undertaken to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private" (section 1 of the Labour Code). It also noted that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.10, of 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase and the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee requested the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

The Committee notes the Government’s indication that the exploitation of children for economic purposes only occurs in the informal economy. The Committee once again requests the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that Gabon had undertaken to carry out the work of harmonizing the legislation prohibiting the trafficking of children in the context of the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), which commenced in July 2001. The Committee also noted the amendments made to the Penal Code in 2001 to prohibit and penalize the sale of persons (section 275) and the trafficking of children (section 278bis). The Committee further noted that a Bill on the prevention and repression of the trafficking of children for labour exploitation was being examined by Parliament.

The Committee notes with satisfaction the adoption on 21 September 2004 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon (Act No. 09/2004). The Committee notes that, under the terms of section 2 of the Act, the term "child" applies to all persons under the age of 18 years. Furthermore, in addition to measures to prevent and remove children from the worst forms of child labour and for their rehabilitation, the Act establishes measures of prohibition, investigation, control and repression. Section 11 "prohibits any individual or association from bringing or attempting to bring a child into the national territory with a view to denying the child’s liberty either in return for payment or free of charge". Section 12 "prohibits any individual or association from concluding an agreement for the purpose of denying a child’s liberty in return for payment or free of charge". Furthermore, section 20(1) of Act No. 09/2004 penalizes any person found guilty of having organized, facilitated or participated in the trafficking of children, among other means by their transport, introduction into the national territory, reception, accommodation, sale or unlawful employment, or who has derived any benefit as a result. The Committee takes due note of this information.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Project Steering and Evaluation Committee. The Committee noted previously that, in the context of the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), a Project Steering and Evaluation Committee was established in 2003. However, the Government added that the role of this Committee remained limited due to the lack of adequate human and material resources and the shortcomings of the technical training of its members. The Committee notes that, according to the information available to the Office, new steering and evaluation committees are to be established. The terms of reference and functions of these committees will be set out in a decree. The Committee requests the Government to provide information on the operation of these new committees, including extracts from reports or documents. It also requests the Government to provide a copy of the decree determining the terms of reference and functions of the committees.

2. Council to Prevent and Combat the Trafficking of Children. The Committee notes that, in accordance with section 6 of Act No. 09/2004, a Council to Prevent and Combat the Trafficking of Children has been established. The Council is the administrative body specialized in preventing and combating the trafficking of children. In this capacity, it has to be informed of all operations relating to the trafficking of children and consulted prior to the formulation of any draft legislation or regulations respecting the trafficking of children. Furthermore, it may propose to the ministers concerned any measure to prevent or combat the trafficking of children and it reports to the Government. The Committee requests the Government to provide information on the work of the Council to Prevent and Combat the Trafficking of Children, and particularly to provide its annual report.

Article 6. Programmes of action. In its previous comments, the Committee noted that Gabon is one of the countries participating in the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), in which Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Ghana, Mali, Nigeria and Togo are also participating. It also noted that children from Togo, Mali, Burkina Faso and Ghana are the victims of trafficking to Nigeria, Côte d’Ivoire, Cameroon and Gabon. The Committee notes that Phase II of the IPEC/LUTRENA Project, the objective of which is to improve understanding of the problem of the trafficking of children, is coming to its conclusion in Gabon. It also notes that Phases III and IV, the objective of which is to reduce the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation in Gabon, are currently being implemented. The Committee takes due note of the Government’s efforts and requests it to provide information on the impact of Phases III and IV of the IPEC/LUTRENA Project, particularly in terms of the protection of children against sale and trafficking for economic and sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that sections 4 and 5 of Act No. 09/2004 envisage prevention measures with the objective of combating, among others, any custom, tradition or cultural, religious, economic or commercial practice incompatible with the rights and duties inherent to the well-being, dignity and development of the child. One of the preventive measures is to carry out awareness-raising and information campaigns among families and children, with the participation of legally recognized non-governmental organizations (NGOs) and civil society. The Committee also notes that, according to the information on the IPEC/LUTRENA Project available to the Office, some 90 children have been prevented from becoming the victims of sale or trafficking. The Committee requests the Government to provide information on the effect given in practice to sections 4 and 5 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon. It also requests the Government to provide information on the impact of these provisions in preventing children from becoming victims of sale and trafficking for economic and sexual exploitation.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that section 5 of Act No. 09/2004 provides for the establishment of specific medical and social follow-up for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. The Committee also notes that, according to the information on the IPEC/LUTRENA Project available to the Office, some 75 child victims of trafficking have been removed from this worst form of child labour. Furthermore, it notes that these children have benefited from medical and social services and guidance, and that some of them have returned to their families. The Committee requests the Government to provide information on the effect given in practice to section 5 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon. It also requests the Government to provide information on the impact of this provision in terms of the rehabilitation and social integration of children following their removal from work.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to provide information on the measures established in the context of the IPEC/LUTRENA Project to enable child victims of trafficking who are removed from this worst form of child labour to have access to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted the Government’s indication that a system of dialogue is in operation between Gabon and sending countries of child workers with a view to the elimination of the trafficking of children. It requested the Government to provide additional information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly on whether exchanges of information have led to the identification and arrest of networks of child traffickers. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly whether exchanges of information have led to the identification and arrest of networks of child traffickers. The Committee also requests the Government to indicate whether measures have been taken to detect and intercept child victims of trafficking in frontier areas and whether transit centres have been established.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (GAB/1, 13 July 2001, page 12), 25,000 children work in Gabon, of whom between 17,000 and 20,000 are the victims of trafficking. Furthermore, 95 per cent of these children are used in the informal economy, 40 per cent are under 12 years of age and 71 per cent work in the tertiary sector, particularly as domestic workers. The Committee also noted that, according to the information available in the report of the Working Group on Contemporary Forms of Slavery of the Subcommission on the Promotion and Protection of Human Rights of the Commission on Human Rights (E/CN.4/Sub.2/2001/30, July 2001, paragraphs 35 to 38), 86 per cent of the children sent to Gabon in 1999 were girls to be employed as domestic workers, while the boys were to work in agriculture. The Committee expressed concern at the situation described above and requested the Government to report in detail on the measures adopted and those envisaged to bring the situation in practice into compliance with the law.

The Committee notes that section 14 of Act No. 09/2004 provides that officers of the judicial police and public officials in the Ministry for the Family and the Protection of Children and in the Ministry of Labour and Employment may undertake the investigations, controls and searches necessary for its application. It also notes that section 20(1) of Act No. 09/2004 imposes a penalty of imprisonment or a fine for persons found guilty of organizing, facilitating or participating in the trafficking of children. Section 20(2) and (3) provides that the accomplices, instigators and perpetrators of attempted offences shall be liable to the same penalty. The Committee requests the Government to provide information on the effect given in practice to Act No. 09/2004, including reports on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penal sanctions applied.

A request on other matters is also being addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. The Committee also notes that the Government signed a Memorandum of Understanding with ILO/IPEC in May 2003. It requests the Government to provide information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. 1. Serfdom and forced or compulsory labour. The Committee notes that it is prohibited to conclude an agreement with the intention, either for gain or free of charge, to deny the freedom of a third party (section 251 of the Penal Code). It also notes that forced or compulsory labour is prohibited under section 4 of the Labour Code. The expression "forced or compulsory labour" means any work or service exacted from any person under the menace of any penalty and for which the said person has not offered her or himself voluntarily.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. The Committee however notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 81), Act No. 004/98 of 20 February 1998 on the general organization of national defence and public security provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. The Committee therefore requests the Government to provide a copy of Act No. 004/98 of 20 February 1998.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 260 of the Penal Code prohibits procuring. Under section 260 of the Penal Code, a procurer is a person who: (a) in any manner whatsoever, helps, assists or knowingly protects the prostitution of a third person or soliciting with a view to prostitution; (b) in any form whatsoever, shares in the gains from the prostitution of a third party; (c) procures, abducts or maintains, even with consent, a person, even over the age of maturity, with a view to prostitution or delivers that person into prostitution or debauchery; (d) acts as an intermediary, in any manner whatsoever, between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of third parties. The Committee notes that the commission of the above acts in relation to a person under 18 years of age constitutes an aggravating factor (section 261(1) of the Penal Code). It also notes that under section 262 of the Penal Code, it is prohibited to possess, either directly or through a third party, manage, direct, operate, finance or contribute to the financing of an establishment of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report and the lack of legal provisions on this subject. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit and repress the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the lack of information in the Government’s report on this subject. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Types of hazardous work. The Committee notes that section 6 of the Labour Code provides that children may not be employed in types of work which are not appropriate for their age, development or condition, or which prevent them from receiving compulsory schooling, except for the derogations envisaged under the Labour Code. Section 177 of the Labour Code prohibits the employment of young persons under 16 years of age in an enterprise, unless an exception is made by decree issued at the joint proposal of the Minister responsible for labour, the Minister responsible for public health and the Minister responsible for national education, taking into account the circumstances and the tasks which may be required of them. It also notes that, under section 207 of the Labour Code, workers under 18 years of age may not be recruited without having first undergone a medical examination for fitness for work. The Committee reminds the Government that, under Article 3(d) of the Convention, 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 is considered as one of the worst forms of child labour and must not therefore be performed by persons under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that persons under 18 years of age are not engaged in types of work which are damaging to their health, safety or morals. It also requests the Government to provide information on the application in practice of section 6 of the Labour Code, which provides that young persons may not be employed on types of work which are not appropriate to their age, development and condition, or which prevent them from receiving compulsory schooling.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that, under section 177 of the Labour Code, a decree issued at the joint proposal of the Minister responsible for labour and the Minister responsible for public health shall establish the nature of the types of work and the categories of enterprise which are prohibited for young persons, and the age limit in respect of which the prohibition applies. The Committee notes that section II of Decree No. 275 of 5 November 1962 specifies that the following types of work are considered, by reason of their nature, as being likely to have a harmful influence on young persons: itinerant trading in the streets; work in bars and hotels. The Committee notes that, according to the Government’s indications, Decree No. 275 of 5 November 1962 has to be brought up to date. The Committee reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which provides that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the Government will take these remarks into consideration when updating Decree No. 275 of 5 December 1962 establishing the list of types of hazardous work and that the Decree will be updated rapidly with a view to bringing the national legislation into conformity with the Convention. It also requests the Government to indicate whether consultations are envisaged with the organizations of employers and workers on the occasion of the amendment of the Decree determining the list of types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that the Government’s report does not provide any information on this subject. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work so determined exist.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that it has established, within the Ministry of Labour and Employment, a special inspectorate responsible for combating work by young persons. The Government adds that this unit is not yet operational. The Committee encourages the Government to make every effort to ensure that this inspection unit becomes operational in the very near future. It requests the Government to provide information on the establishment of this special inspection unit and on its powers and resources to combat the worst forms of child labour.

The Committee notes that section 2 of Decree No. 00031/PR/MTEFP authorizes the security forces, labour inspectors and controllers to apprehend any young person under 16 years of age identified in a situation of labour exploitation and to place that person in a reception centre. The Committee encourages the Government to take the necessary measures to extend the scope of the above Decree to young persons under 18 years of age. It also requests the Government to provide information on the number of children identified in a situation of exploitation, the types of work performed and the number of children placed in a reception centre.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Gabon is engaged in cooperation with ILO/IPEC and UNICEF to combat the trafficking of children, but has not established programmes of action to eliminate the other forms of child labour, such as child prostitution and types of work that are likely to harm the health, safety or morals of children. Nevertheless, the Committee notes the establishment of an Inter-Ministerial Committee to Combat Child Labour. The Committee requests the Government to provide information on the role of the new Inter-Ministerial Committee to Combat Child Labour and its powers. It also requests the Government to provide information on the measures adopted or envisaged to design and implement programmes of action to eliminate as a priority the worst forms of child labour, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7, paragraph 1. Penalties. The Committee notes that any person who has concluded an agreement with the intention, for gain or free of charge, of denying the freedom of a third party shall be liable to a sentence of imprisonment of between five and ten years and a fine of 1 million francs (section 251 of the Penal Code). Those found guilty shall be liable to the maximum sentence where the person covered by the agreement is under 15 years of age (section 251(2) of the Penal Code). The Committee notes that any person who is in violation of the provisions of section 4 of the Labour Code, prohibiting forced or compulsory labour, is liable to a sentence of imprisonment of from one to six months and/or a fine of between 300,000 and 600,000 francs (section 16 of the Labour Code). Under the terms of sections 260 and 261(1) of the Labour Code, a procurer shall be liable to a sentence of imprisonment of from one to five years and a fine of from 100,000 to 2 million francs where the offence involves a young person under 18 years of age. Section 6 of the Labour Code provides that any person who employs a young person on work that is not appropriate for her or his age, development or condition, or who prevents the young person from receiving compulsory schooling, shall be liable to a sentence of imprisonment of from one to six months and a fine of from 600,000 to 1,200,000 francs. The Committee notes that any person who employs a young person in violation of Decree No. 275 of 5 December 1996 determining the nature of the work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, shall be liable to a fine of from 30,000 to 300,000 francs and, if the offence is repeated, a fine of between 60,000 and 600,000 francs and/or imprisonment of from two to six months (sections 177 and 195 of the Labour Code). However, the Committee notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 267), it is in fact rare for sanctions to be applied in cases of violations of sections 4 and 6 of the Labour Code relating to forced labour and the employment of children on types of work that are inappropriate in view of their age (section 16 of the Labour Code). It adds that the scope of action by labour inspectors is limited to the organized sector which, by its very nature, does not use labour by young persons under the statutory age for admission to employment. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various texts are imposed in practice so as to secure the effective implementation of the provisions giving effect to the Convention.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has not provided any information concerning time-bound measures to: (c) ensure access to free basic education for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls. The Committee requests the Government to provide information on the measures adopted or envisaged, in accordance with Article 7, paragraph 2(c) and (e), of the Convention to prevent the emergence of the worst forms of child labour and to support the elimination of these practices, particularly in the case of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 82), Act No. 16/66 of 9 August 1966 on the general organization of education provides that schooling is free and compulsory for children between the ages of 6 and 16. It also notes that, according to the Government, schooling is not really free for all children, as the provisions of education policy are not complied with. According to the Government’s indications to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 213), the school enrolment rate for primary education is 86 per cent, with the school attendance rates for children between the ages of 12 and 18 being 81 per cent for boys and 78 per cent for girls. However, the Committee notes that, in 1995, for every 100 children who began school, around 60 reached the CM2 level (the last year of primary education) and only 30 went on to the first year of secondary school. The Government notes in its report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraph 213) that it is endeavouring to improve the quality of teaching, particularly through teacher training, building schools and diversifying vocational training programmes. The Committee asks the Government to provide information on the concrete measures taken to improve the quality of education as well as the school enrolment rate, and the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the Government’s indications that a shelter in Libreville allows children removed from the worst forms of child labour to receive free education. The Committee requests the Government to provide information on the number of children placed in the shelter and on the impact of this type of measure on the social integration of children who are the victims of the worst forms of child labour. It also requests the Government to indicate whether similar centres exist in the rest of the country.

The Committee notes the Government’s indications that a free telephone number has been installed in the Ministry of Labour to allow persons who have identified children subject to the worst forms of child labour to inform the competent authorities. The Committee requests the Government to indicate the number of denunciations received and whether they have led to the removal of children from the worst forms of child labour.

Clause (d). Identification of children at special risk. The Committee notes that the provisions of the Labour Code, particularly those relating to the admission of children to types of hazardous work, only apply to workers who have "engaged to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private" (section 1 of the Labour Code). It also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.10, 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase. The Government adds that the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. Noting the absence of information in the Government’s report on this subject, the Committee requests it to indicate the authority or authorities designated as being responsible for the implementation of the provisions giving effect to this Convention and the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Gabon is a member of Interpol, the organization which facilitates cooperation between countries in the region, particularly through the exchange of information, to enable them to combat the trafficking of children more effectively. It also notes that Gabon ratified the Convention of the Rights of the Child in 1994 and signed in 2000 the Protocol on the involvement of children in armed conflict and the Protocol on the sale of children, child prostitution and child pornography. The Committee requests the Government to provide information on the steps taken for mutual assistance to give effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been handed down on this subject. The Committee requests the Government to indicate any decision handed down by courts of law or other tribunals relating to the application of the Convention.

Part V. The Committee notes the Government’s indication that it is not in a position to provide reliable statistics. The Committee requests the Government to provide copies or extracts of official documents, including inspection reports, studies and inquiries. It also encourages the Government to undertake quantitative statistical studies 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 reported, investigations, prosecutions, convictions and the penal sanctions applied.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. With reference to its comments concerning the Forced Labour Convention, 1930 (No. 29), and in so far as Article 3(a) of the Convention provides that the term "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the problem of the trafficking of children for the purposes of exploitation may be examined more specifically under the present Convention. It therefore requests the Government to provide information on the following points.

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. The sale and trafficking of children. The Committee notes that Gabon has undertaken to carry out the work of harmonizing the legislation prohibiting the trafficking of children, in the context of the Subregional Project to combat the trafficking of children for the exploitation of their labour in West and Central Africa (IPEC/LUTRENA), which commenced in July 2001. The Committee notes that the Penal Code was amended in 2001 to prohibit and penalize the sale of persons (section 275) and the trafficking of children (section 278bis). As a result, section 278bis of the Penal Code prohibits organizing or facilitating the trafficking of children, or participating therein, among other means by the transport, entry onto the national territory, reception, accommodation, sale or illicit employment of such children. The Committee also notes that a Bill on the prevention and repression of the trafficking of children for labour exploitation is before Parliament for examination. The Committee requests the Government to indicate the age up to which a person is considered to be a child under the terms of section 278bis of the Penal Code. It also requests the Government to provide a copy of the Act on the prevention and repression of the trafficking of children for labour exploitation when it has been adopted.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that, in the context of the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), a Project Steering and Evaluation Committee was established in 2003. The Government adds that the role of this committee remains limited due to the lack of adequate human and material resources and the shortcomings of the technical training of its members. The Committee of Experts encourages the Government to take the necessary measures to ensure the operation of the IPEC/LUTRENA Project Steering and Evaluation Committee.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to a survey carried out by ILO/IPEC in 1999-2000 in nine countries in the West and Central African subregion (Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo), the trafficking of children in this region is on the increase. Children from Togo, Mali, Burkina Faso and Ghana are the victims of trafficking to Nigeria, Côte d’Ivoire, Cameroon and Gabon.

The Committee notes that Gabon is participating in the second phase of the IPEC/LUTRENA project, the objective of which is to improve understanding of the problem of the trafficking of children, particularly through the availability of recent statistical data on this subject. It also notes that, according to the information provided by the Government to the Committee on the Rights of the Child (GAB/1, 13 July 2001, page 14), the Ministry of Social Affairs is currently establishing, in collaboration with the European Union, a project with the principal objective of combating the trafficking of children. Non-governmental organizations, embassies of the countries of origin of the child victims of trafficking and the Ministries of Health, National Education, People’s Education, Foreign Affairs, Justice and the Interior are participating in the project. Noting that the second phase of the IPEC/LUTRENA project was completed in February 2004, the Committee requests the Government to provide information, including statistical data, on the trafficking of children. It also requests the Government to provide information on the practical measures taken, in the context of the collaboration between Gabon and the European Union, to combat the trafficking of children.

Article 7, paragraph 1. Sanctions. The Committee notes that the Ordinance of the Council of Ministers of 13 August 2001 amended the Penal Code by adding new section 278bis-1 which penalizes persons who have organized, facilitated or participated in the trafficking of children, among other means through the transport, entry onto the territory, reception, accommodation, sale, illicit employment of children, or who have drawn any gain therefrom whatsoever, making them liable to a sentence of criminal detention and a fine of between 10 and 20 million francs. It also notes that new section 252 of the Penal Code, as amended in 2001, provides that any person who has organized the sale of persons or participated therein shall be liable to a sentence of imprisonment of between five and ten years and a fine of from 1 to 10 million francs. The sentence is increased where the victim is a child under 16 years of age. The Committee requests the Government to provide information on the application of these sanctions in practice.

Article 8. International cooperation. The Committee notes the Government’s indications that a system of dialogue is in operation between Gabon and sending countries of child workers with a view to the elimination of the trafficking of children. It also notes that a Joint Benin-Gabon Commission was established in March 1999 in the context of bilateral cooperation and is responsible, among other matters, for proposing practical measures to combat the trafficking and labour of children from Benin to Gabon (CRC/C/41/Add.10, paragraphs 266-268). The Committee requests the Government to provide additional information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly on whether exchanges of information have led to the identification and cessation of networks of child traffickers. It also requests the Government to provide information on the results achieved by the Joint Benin-Gabon Commission.

Part V of the report form. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (GAB/1, 13 July 2001, page 12), 25,000 children work in Gabon, of which between 17,000 and 20,000 are the victims of trafficking. The report adds that 95 per cent of these children are used in the informal economy, 40 per cent are under 12 years of age and 71 per cent work in the tertiary sector, particularly as domestic workers. Furthermore, the Government indicates that, according to a UNICEF study, 582 girls were street hawkers in Libreville in March 1998; 54 per cent of them were nationals of Benin and 46 per cent of Togo. The Committee notes that, according to the information available in the report of the Working Group on Contemporary Forms of Slavery of the Sub-Commission on the Promotion and Protection of Human Rights of the Commission on Human Right (E/CN.4/Sub.2/2001/30, July 2001, paragraphs 35-38), 86 per cent of the children sent to Gabon in 1999 were girls to be employed as domestic workers, while the boys were employed in agriculture. Moreover, the Committee notes the case of The Etireno, a vessel on board which around 40 children were discovered in April 2001 who were being brought to Gabon.

The Committee expresses concern at the situation described above and requests the Government to report in detail on the measures adopted and those that it envisages taking to bring the situation in practice into compliance with the law.

A request on other matters is also being addressed directly to the Government.