National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 6 and 7(2)(a) of the Convention. Programmes of action and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children. Further to its previous comments, the Committee duly notes the Government’s indication in its report that a “Plan of Action against trafficking in persons and similar practices 2020–22” has been adopted and will be implemented by the National Committee for Combating Trafficking in Persons and Similar Practices (CNLTPPA). Moreover, it takes note of the new “Advocacy Plan of Action against trafficking in persons for forced labour abroad 2018–22”.Furthermore, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, states that trafficking in children remains a major problem and frequently goes unpunished (E/C.12/GIN/CO/1, paragraph 35). The Committee encourages the Government to continue its efforts to combat the trafficking of children. It requests the Government to provide information on the implementation of the “Plan of Action against trafficking in persons and similar practices 2020–22” and of the “Advocacy Plan of Action against trafficking in persons for forced labour abroad 2018–22”. The Committee also requests the Government to provide information on the results achieved, including on the elimination of the trafficking of children under 18 years of age for labour or sexual exploitation.2. Ten-Year Action Plan. The Committee notes the publication by the African Union (AU) in April 2021 of the “Ten-Year Action Plan 2020–30” for achieving target 8.7 of the Sustainable Development Goals, in the context of the AU Agenda 2063. The goal of the Plan is to put an end to all forms of child labour by 2025, and also put an end to forced labour, trafficking in persons and modern slavery by 2030. The objective of each government is to identify the elements of a plan of action and implement it through the mobilization of resources for actions to be undertaken, inter alia, at the national level. The Committee requests the Government to provide information on the measures taken in the context of the “Ten-Year Action Plan 2020–30” with regard to the elimination of the worst forms of child labour, and also on the results achieved. Article 7(2). Effective and time-bound measures. Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children living or working on the streets. Further to its previous comments, the Committee notes the Government’s indication that the Office for the Protection of Gender, Childhood and Morality (OPROGEM) is pursuing the implementation of various measures for the protection of children, including street children, with a view to removing them from the worst forms of child labour, including through an “Education for all” programme. The Committee also notes the Government’s statistics according to which OPROGEM recorded a total of 212 abandoned children in 2021.However, the Committee also notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2019, expressed concern at the significant numbers of street children and the limited programmes to protect their rights (CRC/C/GIN/CO/3-6, paragraph 43). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to continue providing information on the measures taken to protect and withdraw these children from the worst forms of labour, and on the results achieved in this respect.Clause (d). Children at special risk. HIV/AIDS orphans. The Committee duly notes the priorities of the new “Strategic national framework to combat AIDS (CSN) 2018–22”, including the elimination by 2022 of new infections among children and the provision of quality medical, psychological and social care for at least 75 per cent of adults and children living with HIV/AIDS.However, the Committee highlights the Government’s indication in its report that the implementation of Decent Work Country Programme (DWCP) policy initiatives for combating HIV/AIDS in the workplace has been hampered by a lack of resources. Recalling that HIV/AIDS orphans are at a greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to supply information on the results achieved in this regard, particularly in the context of the CSN 2018–22.Article 8. 1. Regional and international cooperation. Further to its previous comments, the Committee duly notes the bilateral agreement signed with Liberia on combating trafficking in persons, especially women and children, and also the forthcoming signature of an agreement with Sierra Leone. The Committee also notes the measures planned by the Government under the agreements signed in the context of the Economic Community of West African States (ECOWAS) for the 2020–22 period, with a view to prohibiting and eliminating the worst forms of child labour, including: (i) adopting national action plans to combat child labour; (ii) reinforcing labour inspection; (iii) providing protection against unscrupulous recruitment; (iv) ensuring access to schooling; and (v) conducting awareness-raising activities for enterprises. The Committee encourages the Government to continue its efforts to prohibit and eliminate the worst forms of child labour, particularly the sale and trafficking of children for labour and sexual exploitation. The Committee requests the Government to provide information on the measures taken and the results achieved under the agreements signed in the context of ECOWAS for the 2020–22 period.2. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that the priorities of the DWCP 2016–19 are decent employment for young persons and women, particularly in the sectors of agriculture, mining and construction, and the strengthening of social dialogue, as a means of preventing crises.The Committee also notes the Government’s indication that the ILO carried out an evaluation mission in 2022 for the purposes of the final review of the implementation of the DWCP 2016–19. In this regard, the Government indicates a lack of resources for much of the operational programming of the DWCP, especially concerning measures to combat the worst forms of child labour.Furthermore, the Committee highlights the fact that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, expressed concern at the high rates of poverty, particularly in rural areas and among women and children, despite the implementation of poverty reduction programmes (E/C.12/GIN/CO/1, paragraph 37).Lastly, the Committee notes the absence of information on the application of measures taken in the context of the DWCP 2016–19, and on the results achieved in this respect. The Committee requests the Government to provide information on the results of the final review of the implementation of the DWCP 2016–19 conducted by the ILO.
Repetition Articles 3(a) and 7(1) of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Further to its previous comments, the Committee notes the Government’s indication in its report that the effective application of the legislation is ensured by the Labour Inspectorate-General, which carries out inspections and controls in workplaces.The Committee also notes that, according to the statistics available in 2021 from the Office for the Protection of Gender, Childhood and Morality (OPROGEM), six children (two girls and four boys) were identified as victims of trafficking.However, the Committee notes the absence of information on the number of investigations, prosecutions, convictions and criminal penalties for the trafficking of persons under 18 years of age. The Committee once again urges the Government to take the necessary steps to ensure the effective application of the sections of the Penal Code relating to the sale and trafficking of children. It once again requests the Government to provide detailed information, indicating in particular the number of child victims of trafficking and also the number and nature of convictions and criminal penalties imposed.Articles 3(d) and 4(1) and (3). Determination and revision of the list of hazardous types of work. Further to its previous comments, the Committee notes the indication in the Government’s report that sections 918 and 925 of the new Children’s Code of 2019 refer to types of work that are prohibited for children. The Committee notes with interest that these provisions prohibit several types of hazardous work for children under 18 years of age, including: (i) the handling and use of explosive, irritant, corrosive or toxic materials; (ii) work in slaughterhouses or establishments processing animal entrails, work in tanneries, or work involving the continuous surveillance of cattle; (iii) the extraction of mineralized waste, materials and rubble in mines and quarries, and also as part of levelling work; and (iv) all types of work performed at night. The Committee notes that any person employing children in hazardous work is liable to incur the penalties established by sections 918 and 928. The Committee requests the Government to ensure the application in practice of sections 918 and 928 of the Children’s Code relating to penalties. It also requests the Government to provide information on the number and nature of violations recorded and the penalties imposed in cases of children performing hazardous work.Article 5. Monitoring mechanisms and application of the Convention in practice. Hazardous work. Further to its previous comments, the Committee notes the Government’s indication in its report that training has been conducted and resources allocated for capacity-building for OPROGEM and the Anti-Trafficking Division at the Central Office for Combating Organized Crime (OCLCO).The Committee highlights the fact that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of March 2020, expressed concern at the large number of children who are exploited in economic activities, including in hazardous conditions (E/C.12/GIN/CO/1, paragraph 29). The Committee requests the Government to provide information on the capacity-building measures implemented for the OCLCO and OPROGEM with a view to monitoring and combating hazardous work for children.Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and giving special attention to the situation of girls. Ensuring access to free basic education. Further to its previous comments, the Committee notes the Government’s indications that education is a priority and that measures have been taken to improve the school system, such as recruiting and training teachers, establishing a remote area allowance for teachers, and guaranteeing that studies are free of charge. Moreover, incentive bonuses have been granted to promote the participation of girls in education.The Committee duly notes the “National policy for literacy and non-formal education” adopted in 2018. The National Directorate for Literacy, Non-Formal Education and the Promotion of National Languages conducted a workshop to validate a strategy paper for the implementation of a literacy programme for 2 million young persons and adults by 2020.Moreover, the Committee notes the preparation of a sectoral plan for education and training entitled the “Ten-Year Education Programme in Guinea 2020–29”. The current status report on the programme indicates that only two thirds of young persons currently receive six years of schooling. In addition, according to the latest statistics available, for the 2019–20 period the primary school enrolment rate was 78.4 per cent for girls and 93.3 per cent for boys, and the high school completion rate was 16.8 per cent for girls and 28.5 per cent for boys. The Committee requests 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 take steps to increase the school enrolment, attendance and completion rates at both the primary and secondary levels, giving particular attention to the situation of girls. The Committee also requests the Government to continue providing information on the measures taken and the results achieved, including statistics on school enrolment and completion rates.Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Begging, talibé children, and children working in mines. The Committee noted, according to the Government’s indications in its previous report, that begging undertaken by children remained a major concern in Guinea. It also notes that sections 909–911 of the new Children’s Code prohibit begging by children and that the perpetrators of the use of children for begging are liable to be punished by imprisonment. However, the Committee notes with regret the Government’s indication in its report that no measures have been taken regarding children subjected to forced begging, even though it indicates that certain measures are under consideration.In this regard, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of February 2019, referred in its recommendations to the consistently high number of children involved in child labour, including the worst forms thereof, and requested the Government to strengthen its measures to combat the economic exploitation of children, in particular those working in mines and begging on the streets, including talibé children (CRC/C/GIN/CO/3-6, paragraph 42). The Committee once again urges the Government to take the necessary time-bound measures to remove children under 18 years of age from begging and to provide information in this regard. The Committee once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age, including talibé children, are rehabilitated and socially integrated. It also requests the Government to provide information on the measures taken regarding the situation of children working in mines.
Repetition Article 3 of the Convention. Worst forms of child labour. The Committee noted the information provided by the Government that it had adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.Clause (d). Hazardous types of work. General prohibition. The Committee noted that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.Self-employed workers. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also noted that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee noted that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely not to be engaged in 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(1) and (3). Determination and revision of the list of hazardous types of work. The Committee noted the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee, however, noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee drew its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminded the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted. Article 4(2). Identification of where hazardous types of work exist. The Committee noted that the Government has not provided any information on this point. It recalled that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.Article 5. Monitoring mechanisms. Labour inspection. The Committee noted the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.Penal offences. The Committee noted the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.Article 6. Programmes of action. The Committee noted that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it noted that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.Article 7(1). Penal sanctions. The Committee noted that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.Article 7(2). Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(2)(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. Child labour in cocoa plantations. The Committee noted that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.Measures adopted in the context of the child labour monitoring programme. The Committee noted the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it noted with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government added that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.Clause (d). Children at special risk. HIV/AIDS orphans. The Committee noted that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of this epidemic on orphans is the greater risk of being 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 Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.Begging. The Committee noted that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.Article 8. Cooperation. Regional and international cooperation. The Committee noted that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further noted that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that no statistical data on the number of child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in its next report 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 undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 3 of the Convention. Worst forms of child labour. The Committee noted the information provided by the Government that it had adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.
Clause (d). Hazardous types of work. 1. General prohibition. The Committee noted that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.
2. Self-employed workers. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also noted that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee noted that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely not to be engaged in 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(1) and (3). Determination and revision of the list of hazardous types of work. The Committee noted the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee, however, noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee drew its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminded the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.
Article 4(2). Identification of where hazardous types of work exist. The Committee noted that the Government has not provided any information on this point. It recalled that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.
Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee noted the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.
2. Penal offences. The Committee noted the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.
Article 6. Programmes of action. The Committee noted that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it noted that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.
Article 7(1). Penal sanctions. The Committee noted that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.
Article 7(2). Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(2)(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.
Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee noted that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.
2. Measures adopted in the context of the child labour monitoring programme. The Committee noted the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it noted with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government added that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.
Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee noted that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of this epidemic on orphans is the greater risk of being 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 Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.
2. Begging. The Committee noted that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.
Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further noted that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.
2. Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.
Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that no statistical data on the number of child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in its next report 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 undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.
Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.
Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. The Committee notes that, according to the information available to the Office, sections 329, 330 and 337 of the Penal Code prohibit the sale and trafficking and prostitution of children.
Clause (d). Hazardous types of work. 1. General prohibition. The Committee notes that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.
2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely not to be engaged in 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. Determination and revision of the list of hazardous types of work. The Committee notes the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee however notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee draws its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminds the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.
Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.
Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also notes that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further notes the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.
2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.
Article 6. Programmes of action. The Committee notes that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it notes that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.
Article 7, paragraph 1. Penal sanctions. The Committee notes that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.
Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(2)(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.
Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.
2. Measures adopted in the context of the child labour monitoring programme. The Committee notes the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it notes with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government adds that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.
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 AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observes that one of the consequences of this epidemic on orphans is the greater risk of being 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 Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.
2. Begging. The Committee notes that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.
Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in its next report 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 undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “[…] any person who has undertaken to place her or his occupational activity […] under the direction and authority of another person […]”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely not to be engaged in 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, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.
2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a) to (c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.
Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7, paragraph 2(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.
Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO/IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.
Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes with interest that the Government is already collaborating with ILO/IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.
2. Poverty reduction. Noting that Poverty Reduction Programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a Poverty Reduction Programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.
The Committee notes the Government’s first report.