Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee had previously noted that there appears to be no legislation that specifically addresses the trafficking of children less than 18 years of age for labour or sexual exploitation in Ghana. It had requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour or sexual exploitation. The Committee notes the Government’s information that ILO/IPEC (Ghana) is collaborating with the Ministry of Justice in the elaboration of a child trafficking law. The Committee notes with interest that the Ghana Human Trafficking Act, 2005, was adopted by Parliament on 28 July 2005. Pursuant to section 1 of this Act, human trafficking means the recruitment, transportation, transfer, harbouring, trading or receipt of persons within and across national borders with the purposes of induced prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Section 2 prohibits human trafficking and provides for penalties of imprisonment. The Committee takes due note of this information.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.73, paragraph 21) had expressed its concern about the persistence of traditional attitudes and harmful practices in Ghana, such as the Trokosi system (ritual enslavement of girls). It had noted the adoption in 1998 of the Criminal Code (Amendment) Act (No. 554), which had inserted section 314A criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual. Referring to its previous comments made under Convention No. 29 on this point, the Committee had requested the Government to provide information on the practical application of section 314A of Act No. 554, including information on any legal proceedings, which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system. The Committee notes the Government’s indication that the Ministries of Women and Children’s Affairs, Manpower, Youth and Employment/IPEC (Ghana), the Commission on Human Rights and Administrative Justice and the Ghana Commission on Children, in collaboration with some NGOs, notably International Needs (Ghana), are embarking on an effective campaign programme aimed at sensitizing the perpetrators and victims of Trokosi. The overall aim of this campaign is to emancipate and rehabilitate Trokosi victims in areas of the country where this practice is prevalent. In particular, International Needs (Ghana) implements the Ritual Servitude "Trokosi" Project in the Akatsi district of Volta region. The Committee notes that International Needs (Ghana) through its Trokosi liberation campaign has so far liberated 3,000 Trokosi victims since 1996. It also notes that the aforementioned ministries, ILO/IPEC and International Needs (Ghana) are also rehabilitating and empowering Trokosi ex-slaves for their integration into society by providing them with vocational skills and income-generating activities. The Committee requests the Government to continue providing information on the implementation of the Trokosi campaign programme and on the results achieved. It also once again asks the Government to provide information on any legal proceedings, which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 108 of the Criminal Code punishes persons having the custody, charge or care of a child under the age of 16 years who cause or encourage the prostitution of that child. It had requested the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child under the age of 18 years for prostitution by persons having the custody, charge or care of such a child. The Committee notes the absence of information on this point. It reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of children for prostitution is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for prostitution by persons having the custody, charge or care of such a child.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18, but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child less than 18 years of age for the production of pornography or for pornographic performances. The Committee notes that the Government’s report contains no information in this regard. It reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that part I of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990, deals with offences related to narcotic drugs. However, it had observed that no provisions prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs. The Committee had requested the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties. The Committee notes the Government’s information that measures are being taken by the Ministry of Tourism in collaboration with the Ghana NGO Coalition on the Rights of the Child to combat drug peddling by children in popular tourism sites: Cape Coast and Elmina through the action programme. It notes however that the Government’s report contains no information on legislative measures taken in this regard. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of children for illicit activities, in particular for the trafficking of drugs, is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the trafficking of drugs.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where the types of work determined as hazardous exist. The Committee notes the Government’s information that ILO/IPEC (Ghana) in collaboration with the Government of Ghana is implementing projects to withdraw children working in hazardous work which poses danger to their health, safety and moral development. In particular, it notes that the General Agricultural Workers Union of Trade Union Congress (GAWU), in collaboration with the Management of the Tono-based Irrigation Company of the Upper Region (ICCOUP) and ILO/IPEC (Ghana), recently launched on action programme to rescue 3,000 children from employment on farms at Tono in the Upper East region. The programme is aimed at withdrawing the children from the farms and also institute preventive measures to ensure that children would not be used as labourers on the Tono farms in future. For this purpose, the management of ICCOUP, the smallholders and GAWU would develop a Memorandum of Understanding that would spell out each parent’s role in the prevention of child labour on the farms. The Committee requests the Government to provide further information on the implementation of this action programme as well as results achieved.

Article 5. Monitoring mechanisms. The Committee had previously noted the establishment in 2000 of a child labour unit within the Labour Department and had requested the Government to provide information on the functioning of this unit. The Committee had also asked the Government to provide information on the methods adopted by the Ghana National Commission of Children and the National Steering Committee on Child Labour and other relevant ministries for the monitoring and effective implementation of the provisions giving effect to the Convention, including the provisions in the Criminal Code that are relevant to the worst forms of child labour. The Committee notes the Government’s information that supervisory and implementing bodies and agencies are: the Ministry of Manpower, Youth and Employment for Labour Matters; the Ministry of Women and Children’s Affairs; the Ghana National Commission on Children; district, metropolitan or municipal assemblies; the child labour unit within the Labour Department; the Commission on Human Rights and Administrative Justice; the Women and Juvenile Unit of the Ghana Police Service; and ILO/IPEC (Ghana). In particular, the ministries of Manpower, Youth and Employment and Women and Children’s Affairs, in collaboration with UNICEF and other development partners, are undertaking various activities towards the elimination of child trafficking, including community sensitization and awareness raising, rescue/withdrawal, rehabilitation, training and reintegration of children with families. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programmes. The Committee had previously noted with interest that the ILO/IPEC programmes give special attention to children engaged in the worst forms of child labour which include: street children, child domestic workers, head porters, children in prostitution, children working in small mines, and children working in hazardous situations or abusive conditions. The Committee had also noted that a national plan of action on child labour had been developed in November 2000 with the purpose of setting up a national policy on child labour and to guide all institutions working in this area. The Committee had requested the Government to provide information on details of the achievements and impact of the ILO/IPEC programmes and the national plan of action on child labour. The Committee notes the Government’s information that NGOs in partnership with ILO/IPEC have withdrawn 1,006 children from work, rehabilitated and mainstreamed them into formal schools or vocational training. Through the microcredit schemes, funds were disbursed to some families of these children to empower them.

The Committee also notes that Ghana is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes that a number of activities has taken place towards achieving the objectives of this programme, including: setting up a National Task Force on Human Trafficking; stakeholders’ meeting to adapt a plan of action; series of capacity-building workshops; awareness and sensitization campaigns; support for establishment and operation of rescue centres and shelters by the Department of Social Welfare; socio-economic rehabilitation of trafficked children and their families by the African Centre for Human Development. The Committee requests the Government to continue providing information on the implementation of this programme and results achieved.

2. Programme against child labour and child trafficking. The Committee had previously noted that the Minister of Women and Children’s Affairs had launched a programme against child labour and child trafficking entitled "Bring Your Child Back Home". It had requested the Government to provide information on the implementation of this programme and on the results achieved. The Committee notes the Government’s information that the Ministry of Women and Children’s Affairs in efforts to reduce child trafficking has so far provided 82 million cedis to women who have given out their children to engage in child labour in the fishing communities to encourage them to withdraw the children. The assistance package is made available to the women under the programme "Operation Bring Your Child Home" in which the Ministry is spearheading the return of children trafficked from coastal fishing communities around the Volta Lake. In particular, the programme aims at withdrawing trafficked children being used as divers who get entangled in nets during fishing expeditions. Under the programme, the Ministry has identified children who are separated from their families to bring them back home and has provided the relevant safety net packages to the parents of such children in order to support parents to keep their children home. The Committee requests the Government to indicate how many children have been withdrawn by this programme.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. The Committee notes the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation, including section 2 of the Human Trafficking Act, 2005.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that Ghana is participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour for a period of 52 months (September 2004-January 2009). A total of 14,000 children will be targeted by the TBP for withdrawal and prevention from exploitative and hazardous work through the provision of educational and non-educational services and 3,500 families of the targeted children will be provided with assistance for economic empowerment.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that, according to the Education Act of 1961, basic education is free and compulsory for all children of school age (between 6 and 15 years). It had also noted that according to the 2000 Ghana Population and Housing Census, cited in the Ghana Child Labour Survey Report, 2003, conducted in February 2001 with the technical assistance of the ILO, 57.5 per cent of males and 47.3 per cent of females had attended school and those who were in school constituted 30.6 per cent of the population (32.5 per cent males and 28.7 per cent females). The Committee had requested the Government to indicate the effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that a monitoring committee made up of representatives from the Ghana National Commission on Children, the Ghana Education Service and the Commission on Human Rights and Administrative Justice has been established. The Committee also notes the establishment of a girl child education unit at the Ministry of Education. The Committee asks the Government to provide information on the activities of the abovementioned monitoring committee, as well as the girl child education unit and their impact on preventing the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), in Ghana the awareness of the epidemic is thought to be over 95 per cent. It had also noted that a national HIV/AIDS strategic framework for Ghana had been formulated in recognition of the developmental relevance of the disease. The Committee had requested the Government to provide information on measures envisaged or taken to address the situation of child victims of HIV/AIDS. The Committee notes the absence of information on this point. Considering that the pandemic of HIV/AIDS has serious consequences for orphans who might more easily engage in the worst forms of child labour, the Committee once again asks the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Clause (e). Taking account of the special situation of girls. 1. Kayaye girls and girl child labour in commercial sexual exploitation. The Committee had previously noted the project on the prevention of kayayei among fostered girls in the northern region of Ghana. The project, started in February 2002, is aimed at putting the fostered girls in school and preventing them from becoming kayayei. The Committee had also noted that, according to a rapid assessment study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana" published by the ILO/IPEC in 2004, street girls who work as kayayes have been observed to practice prostitution by night to add to their earnings. It had further noted that as a means of survival in cities following migration, girls increasingly engage in commercial sex as an occupation. The Committee had requested the Government to indicate how many fostered girls have been withdrawn by the Kayaye project. It had also requested the Government to provide information on the effective and time-bound measures taken or envisaged to remove girls from commercial sexual exploitation and provide for their rehabilitation and social integration. The Committee notes the Government’s information that four pilot projects implemented by the ILO/IPEC, namely Ritual Servitude "Trokosi", Project on Child Domestic Servitude, Project on the Prevention of Kayaye and Child Commercial Sex Exploitation in Cape Coast and Elmina, took cognizance of the importance of access to free education and vocational training for children withdrawn from the worst forms of child labour. Recently, International Needs (Ghana) enrolled a total 795 children (385 boys and 410 girls) below the age of 12 who have been emancipated from Trokosi Shrines in Akatsi, North and South Tongu districts of the Volta region. The children were provided with school uniforms and had their school fees paid for the academic year. The Committee also notes that 82 mothers of the children were trained in vocational skills. It further notes that the Project on the Elimination of Child Labour in the Tourism Sector in Cape Coast and Elmina, aimed at withdrawing child prostitutes, has withdrawn a total 290 children, out of which 250 have been placed in either formal school or vocational training centres. The Committee requests the Government to continue to provide information on the implementation of these projects.

2. Girl child in domestic labour. The Committee had previously noted that according to the study entitled "Girl child labour in domestic work, sexual exploitation and agriculture in Ghana", a total of 350 children, parents, guardians and employers were questioned in the Ashanti region and greater Accra region of Ghana, 250 of whom were girls between 13 and 18 years old. A large number of them migrated from their former place of residence to their present one. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure that girl domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals. The Committee notes the Government’s information that ILO/IPEC (Ghana), in collaboration with the Government and some NGOs, have established projects to withdraw children engaged in the worst forms of child labour, counsel and integrate them into formal and non-formal education, which include: Prevention of Girl Child Migration to the South by RAINS-Tamale and Project on Child Domestic Servitude in the Kumasi Metropolis of the Ashanti region by the Youth Development Foundation. The Committee requests the Government to provide further information on the implementation of these projects and on the results achieved, as well as on other time-bound measures taken to ensure that girl domestic workers under 18 years of age do not perform hazardous work.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. It had also noted the Government’s indication that the high levels of poverty and unemployment, lack of capacity building and logistic for labour inspection supervision, and non-enforcement of laws are the major difficulties encountered with respect to the practical application of the Convention. The Committee had asked the Government to provide information on any measures taken or envisaged to identify needs in these areas, so as to determine the requisite resources to make the inspection services more effective. Noting the absence of information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to make the inspection services more effective.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that Ghana has been receiving international assistance support from development partners including UNICEF, UNDP, African Development Bank and the World Bank for social and economic development, poverty reduction programmes and universal education. These have funded various projects related to the street children phenomenon, educational reforms programmes and also assisting the Government in its Ghana Poverty Reduction Strategy Programme/Social Investment Fund aimed at reducing poverty in the targeted areas by providing the beneficiary communities with social services and also strengthen their capacity deliveries.

Parts IV and V of the report form. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.