Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and sanctions. The Committee previously noted that, in addition to the monitoring carried out by the vice squad established in the Interpol National Central Bureau in Yaoundé, a telephone number has been made available to encourage the public to make anonymous denunciations. In addition, three contact officers are on permanent standby to carry out investigations at any time. The Committee however noted that the Committee on the Rights of the Child expressed regret at the low level of implementation of Act No. 2005/015 of 20 December 2005 to combat the trafficking and smuggling of children, and at the absence of data and remedial action.

The Committee notes the Government’s indication that the telephone number made available to the public is indeed operational and that those responsible and with shared responsibility for trafficking have been prosecuted and penal sanctions imposed on those convicted. In this respect, the Committee notes that, according to the report of the Ministry of Justice on the human rights situation in Cameroon in 2012, two cases have been decided by the courts concerning cases of trafficking in persons, involving a total of five children.

While noting this information, the Committee notes with deep concern that, according to the study prepared jointly in 2012 by the Government and the “Understanding Children’s Work” programme (UCW, 2012), the incidence of trafficking of children appears to be very high in Cameroon, with the estimates contained in the study varying from 600,000 to 3 million child victims. Children are often relocated for the exploitation of their labour, particularly in domestic work, agricultural undertakings, unregulated industrial activities, construction sites and commercial sexual exploitation. One of the characteristics of trafficking of children is that it is based on well entrenched traditional customs in Cameroon cultures, such as the informal fostering (confiage) of children and labour migration traditions. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out of persons engaged in the sale and trafficking of children under 18 years of age, in particular by reinforcing the capacities of the authorities responsible for the enforcement of Act No. 2005/05, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures adopted in this respect and on the results achieved.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. In its previous comments, the Committee observed that the national legislation does not contain provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that the prohibitions referred to above will be taken into account in the draft Child Protection Code.

The Committee again notes with regret the Government’s indication that the Child Protection Code is still in the process of being adopted. Noting that the Government has been referring to the adoption of the Child Protection Code since 2006, the Committee urges the Government to take the necessary measures for the adoption of the Code in the very near future and to ensure that it contains provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, and for illicit activities, in particular for the production and trafficking of drugs. Accordingly, penalties for these offences must also be established.

Article 6. Programmes of action and application of the Convention in practice. National Plan of Action for the Elimination of the Worst Forms of Child Labour (PANETEC). The Committee notes that, according to a study prepared jointly in 2012 by the Government and the UCW, 2012, over 1,500,000 children between the ages of 5 and 14, or 28 per cent of this age group, are engaged in work in Cameroon, often under hazardous conditions. Furthermore, 164,000 children between the ages of 14 and 17 are engaged in hazardous types of work.

The Committee notes that with ILO collaboration, within the framework of the ILO–IPEC Global Action Plan to Eliminate Child Labour (GAP11) project, the PANETEC 2014–16 has been adopted. The general objective of the PANETEC is to eliminate the worst forms of child labour by 2016, while reinforcing the institutional framework and mechanisms for the abolition in the long term of all forms of child labour. For this purpose, the PANETEC is based on six strategic priorities, including the harmonization of the national legislation with international labour standards and the strengthening of law enforcement; the promotion of education; and the improvement of the social protection system. However, as it is seriously concerned at the large number of children engaged in hazardous types of work and other worst forms of child labour, the Committee urges the Government to take immediate and effective measures to ensure the effective implementation of the PANETEC in the very near future and to provide information on its impact on the elimination of the worst forms of child labour.

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 with concern that the number of children who are HIV/AIDS orphans appeared to have increased from 300,000 in 2007 to 327,600 in 2009. The Committee also noted the scarcity of care structures and other forms of alternative care for children without families.

The Committee notes the Government’s indication that it has created care structures for children affected by or infected with HIV/AIDS. It also notes that, in the framework of the PANETEC, it is envisaged to take measures for the adoption of the Family Protection Code, which could provide solutions to improve the care provided for certain categories of vulnerable children, including orphans, and in particular HIV/AIDS orphans. However, the Committee notes that, according to UNAIDS estimates for 2013, there are approximately 510,000 children who are HIV/AIDS orphans in Cameroon. Expressing once again its deep concern at the increase in the number of children who are HIV/AIDS orphans, the Committee urges the Government to intensify its efforts to ensure that these children are not engaged in the worst forms of child labour. It requests the Government to provide information on the measures taken and the results achieved in the framework of the PANETEC, and particularly with regard to the adoption of the Family Protection Code, and the number of child HIV/AIDS orphans taken in by care institutions established for them.

2. Child domestic workers. The Committee notes that, in the context of the GAP11, a consultation was held in 2014 to assess and remedy shortcomings in social services and to propose relevant solutions for the protection of child domestic workers. The study prepared for this purpose shows that there is a clear predominance of girls (70 per cent) over boys (30 per cent) in domestic work. The child domestic workers who were met were between 12 and 18 years of age (on average 15). The study also indicates that 85 per cent of the children questioned said that they work both day and night according to the wishes of their employer, and 85 per cent of child domestic workers do not have a daily break at a fixed hour or of a specific length. They work on average between 12 and 15 hours a day, and only 20 per cent of such children have a specific rest day. The report of the consultation indicates that, although social services exist in Cameroon, the absence of an overall policy, aggravated by the lack of statistics, makes it difficult to assess precisely the impact of these services on child domestic workers. The shortcomings identified include the absence of public or private structures specifically dedicated to the protection of child domestic workers and of a global child protection strategy, or more precisely a strategy for the elimination of child labour in domestic work. Considering that child domestic workers are particularly exposed to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect children engaged in domestic work from the worst forms of child labour, and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration, particularly in the context of the ILO IPEC GAP 11 project. It requests the Government to provide information on the results achieved.

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

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]