Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee takes note of the Government’s report as well as the detailed discussion which took place within the Committee on the Application of Standards (CAS) at the 104th Session of the International Labour Conference in June 2015 concerning the application of Convention No. 182 by Cameroon. It also takes note of the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015, of the General Union of Workers of Cameroon (UGTC) received on 25 September 2015, of the Cameroon United Workers Confederation (CTUC) received on 29 September 2015, as well as of the Government’s reply.

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and sanctions. The Committee previously noted the measures taken by the Government such as the monitoring carried out by the vice squad in liaison with Interpol, the setting up of a telephone helpline to receive complaints from the public, and the appointment of three officers to carry out investigations at any time. However, the Committee noted that, according to the estimates of the 2012 study produced jointly by the Government and the “Understanding Children’s Work” programme (UCW 2012 study), between 600,000 and 3 million children are victims of trafficking in Cameroon.

The Committee notes the observations of the ITUC regarding the low level of application of Act No. 2005/015 concerning the trafficking of children, and the fact that no effective and dissuasive penalties are imposed in practice. The ITUC indicates that it was reported in 2013 that the Government had conducted ten investigations into the trafficking of children, which can hardly be seen as an adequate response given the scale of the problem. The Committee also notes the statement by the Government representative of Cameroon to the Conference Committee that Act No. 2005/015 has been repealed and replaced by Act No. 2011/024, which is broader in scope. The Government representative added that the low number of investigations was due to the small number of complaints made. The Committee reminds the Government that, under the terms of Article 5 of the Convention, member States must establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention, irrespective of any complaints filed by victims. The Committee is bound to reiterate its deep concern at the large number of child victims of trafficking in Cameroon. The Committee, therefore, urges the Government to take the necessary measures to ensure that monitoring mechanisms are adequate for detecting cases involving the sale and trafficking of children. It also requests 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. 2011/024, 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. Further to its previous comments, the Committee notes the Government’s indication that the Bill enacting the Child Protection Code and the Bill enacting the Family Code have been incorporated into the Bill enacting the revised Civil Code (which is being finalized) and that this takes account of issues related to the use and procuring of children for the production of pornography or pornographic performances and for illicit activities. The Committee also notes that the Conference Committee urged the Government to adopt and implement the Child Protection Code, which has been pending for almost a decade, in order to prohibit the use, procuring or offering of children for illicit activities. 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 Bill enacting the Child Protection Code incorporated in the Bill enacting the Civil 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 pornographic performances and for illicit activities, particularly the production and trafficking of drugs. Penalties corresponding to the aforementioned offences must also be established.

Article 4(3). Periodic review and revision of the list of hazardous types of work. In its previous comments, the Committee noted that Order No. 17 of 27 May 1969 concerning child labour (Order No. 17) had been adopted over 30 years earlier. It reminded 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 organizations of employers and workers concerned.

The Committee notes the observations of the ITUC to the effect that some 164,000 children between 14 and 17 years of age are involved in hazardous work. The ITUC observes that Order No. 17 does not prohibit work underwater or work at dangerous heights, as in the case of children employed in fishing or banana harvesting. The Committee further notes the indication of the CTUC emphasizing that the Government refers to the same statement on the revision of the Labour Code, which has been under way for over 20 years, and stating that this situation is simply due to a lack of will on the part of the Government. The Committee notes the Government’s indication that the revision of the Labour Code is ongoing. Lastly, the Committee notes that the Conference Committee urged the Government to urgently revise, in consultation with the social partners, the list of hazardous types of work established by Order No. 17 in order to prevent the engagement of children under 18 years of age in dangerous activities, including work underwater or work at dangerous heights. The Committee, therefore, urges the Government to take the necessary steps to ensure the adoption as soon as possible of the legislative texts implementing the new Labour Code containing a revised list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners.

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 previously noted that, according to the UCW 2012 study, over 1,500,000 children between 5 and 14 years of age, or 28 per cent of this age group, are working in Cameroon, often under dangerous conditions. Furthermore, 164,000 children between 14 and 17 years of age are forced to engage in hazardous work. The Committee noted the development of the PANETEC 2014–16.

The Committee notes the observations of the CTUC that the Government merely refers to the adoption of national plans of action and other national committees for combating child labour without producing any kind of report related to these plans and committees. The Committee notes that there is no information on the implementation of the PANETEC in the Government’s report. However, the Committee notes the Government’s statement that a national quadripartite committee for combating child labour has been established by Order No. 082/PM of 27 August 2014 in order to implement the PANETEC. The Government indicates that a capacity-building workshop for the members of the PANETEC steering committee took place in April 2015, at which the members were given the necessary technical knowledge and tools to ensure effective implementation of the PANETEC. The Government also reports that it has made provision for the necessary material and financial resources, particularly through the state budget, to begin the awareness-raising process. However, the Committee observes that the PANETEC has received technical approval but has not yet been officially adopted. The Committee urges the Government to take immediate and effective measures to ensure that the PANETEC is officially adopted and implemented in the very near future and to provide information on the results achieved and 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. The Committee previously noted the large number of children who are HIV/AIDS orphans. It also noted the Government’s indication that it had created care structures for children affected by or infected with HIV/AIDS.

The Committee notes the observations of the ITUC that HIV/AIDS orphans are at particular risk of becoming involved in the worst forms of child labour. The ITUC adds that these children often lack adequate family support and are obliged to engage in economic activity to meet their needs. The Committee notes the Government’s indications that this issue is the subject of in-depth discussion within the National Committee for Combating Child Labour. The Government also indicates that care structures exist, such as the Chantal Biya reception centre, but are insufficient. It reports that the PANETEC provides for ongoing action, particularly via the Ministry of Public Health and the Ministry of Social Affairs, to establish care structures for HIV/AIDS orphans. Lastly, the Committee emphasizes that, according to UNAIDS estimates for 2014, some 310,000 children are HIV/AIDS orphans in Cameroon. Expressing once again its concern at the large number of children who are HIV/AIDS orphans, the Committee urges the Government to intensify its efforts to prevent the engagement of these children in the worst forms of child labour. It requests the Government to provide information on the measures taken and results achieved in the framework of the PANETEC, and on the number of HIV/AIDS orphans catered for by the care structures established for them.

2. Child domestic workers. The Committee previously noted that a survey on child domestic work shows that there is a clear predominance of girls (70 per cent), with an average age of 15 years, and also dangerous conditions of work (for 85 per cent of the children). The survey also indicated 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 the lack of a strategy for the elimination of child labour in domestic work.

The Committee notes the observations of the ITUC that child domestic workers are subjected to particularly arduous conditions and it denounces the lack of exhaustive and effective policies aimed at securing the abolition of the use of child labour in domestic work. The Committee notes the Government’s indication that the issue of child domestic workers has been incorporated into the PANETEC. The Government also indicates that the labour inspection services could therefore, at any time, freely enter households to provide advice, monitor conditions or impose penalties. Considering that child domestic workers are particularly exposed to the worst forms of child labour, the Committee urges 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 as part of the implementation of the PANETEC. It requests the Government to provide information on the results achieved and invites it to continue availing itself of ILO technical assistance in order to bring its law and practice into conformity with the Convention.

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