Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Gambie (Ratification: 2001)

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee previously requested the Government to give a general assessment of the manner in which the Convention is applied in the Gambia and to provide information on the nature, extent and trends of these forms of child labour, the number of children who have been reported by the Community Child Protection Committees (CCPC) as being involved in 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 penal sanctions applied. The Government indicates in its report that no cases on the worst forms of child labour were reported by the CCPC. The Committee also notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, that the Department of Social Welfare (DOSW) engages in identification of children engaged in child labour and reintegrates them in their communities. It has conducted a series of outreach activities and sensitization on the harms of child labour. The Ministry of Women, Children and Social Welfare has plans to initiate outreach activities targeting children living in poverty and unaccompanied children from the subregion around the Tourism Development Area, market places and car parks engaged in petty trading or in the transportation system. The National Agency Against Trafficking in Persons (NAATIP) also collaborated with the ILO to train law enforcement officers, civil society organizations and non-governmental organizations on child labour and child trafficking [A/HRC/WG.6/34/GMB/1, paras 109, 110 and 117]. The Committee further notes the information provided by the Government in its combined report on the African Charter on Human and Peoples’ Rights for the period 1994 and 2018, of August 2018, that all major police stations countrywide have now created Child Welfare Units manned by trained Child Welfare Officers to address issues relating to children and that, in 2015, the Department of Social Welfare formed the National Child Protection Sub-Committee to coordinate child protection issues. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of the worst forms of child labour, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating the worst forms of child labour. The Committee therefore requests the Government to provide more detailed information on the measures taken by the Department of Social Welfare, the National Child Protection Sub-Committee, the CCPCs, the NAATIP, the labour inspectorate and police units to combat the worst forms of child labour and the results achieved. It further requests the Government to ensure that sufficient data, disaggregated by sex and age, on the worst forms of child labour is made available and to provide copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of the worst forms of child labour, as well as the number of children covered by the measures giving effect to the Convention.

Article 6. Programmes of action. The Committee previously requested the Government to provide information on progress made for the adoption, implementation and impact of the National Children’s Policy of 2012, as well as on the impact of the National Development Agenda and the Programme for the Acceleration of Growth and Empowerment (PAGE) on eliminating the worst forms of child labour. The Government indicates that the PAGE has been replaced by the new National Development Plan 2018–2021 (NDP). The Committee notes that, according to the information provided by the Government in its report submitted to the Human Rights Council in July 2019, an end of programme review of the PAGE revealed key challenges including inadequate resources to fully implement the plan, weak monitoring and evaluation system and capacity and weak alignment of the programmes to the national budget [A/HRC/WG.6/34/GMB/1, para. 68]. It further notes that the NDP has identified a lack of adequate policies on child labour, trafficking and migration of children, inadequate services to victims and insufficient funding as challenges to address. Therefore, one of the goals of the NDP is that the child protection system in the Gambia is strengthened to respond to, and reduce, violence, abuse and exploitation of children. The NDP also foresees the existence of a child labour policy and interventions towards the eradication of extreme poverty. The Committee requests the Government to provide information on the concrete measures taken in the context of the National Development Plan 2018–2021 to eliminate the worst forms of child labour, as well as any results achieved in this regard. It requests the Government to provide information on progress made regarding the adoption of a child labour policy and to indicate its objectives for the elimination of the worst forms of child labour.

Article 7(1). Penalties. The Committee previously requested the Government to provide information with regard to the number and nature of violations reported under the Children’s Act, the number of investigations carried out, prosecutions, convictions, and penalties imposed related to the trafficking of children, slave dealing, using, procuring or offering of children for prostitution, the production of pornography, pornographic performances, the production and trafficking of drugs and trafficking for use in armed conflict, as well as penalties under the Labour Act for the breach of provisions related to the employment of children. The Government indicates in its report one case of child pornography and indecent assault with two female victims aged 14 and 15 respectively. The Committee also notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, according to which the enforcement of the law remains a challenge due to several factors, including economic, social and cultural practices and poverty [A/HRC/WG.6/34/GMB/1, para. 110]. Referring to paragraph 639 of its General Survey on the fundamental Conventions of 2012, the Committee is of the firm view that the best legislation only takes on real value when it is applied. Whatever the severity of the penalties laid down, they will only be effective if they are applied in practice, which requires measures so that they can be brought to the attention of the judicial and administrative authorities, and for these authorities to be strongly encouraged to apply such penalties. The Committee requests the Government to provide information on the measures taken to ensure the effective enforcement of the provisions of the Children’s Act and the Labour Act giving effect to the Convention, including the application of penal sanctions. It requests the Government to continue to provide information on the number and nature of violations reported, investigations carried out, prosecutions, convictions and penal sanctions imposed.

Clause (d). Identify and reach out to children at special risk. 1. Street children. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the number of street children who have been removed from the worst forms of child labour and rehabilitated in the shelter for children and at drop-in centres. The Committee also requests the Government to provide information on the outcome of the study conducted on street children by the DOSW and on the measures taken thereafter for the protection of street children.

2. Child beggars called almudus. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on the number of child beggars called almudus who have been provided services at the drop-in centres. The Committee also requests the Government to provide information on the measures taken thereafter to provide protection and assistance to these children.