Worst Forms of Child Labour Convention, 1999 (No. 182) - Gambia (RATIFICATION: 2001)

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Article 5 of the Convention. Monitoring mechanisms. The Committee notes that, in response to its previous request regarding the measures taken by the Department of Social Welfare (DoSW), the National Child Protection Sub-Committee, the Child Protection Committees (CCPCs), the National Agency against Trafficking in Persons (NAATIP), the labour inspectorate and police units to combat the worst forms of child labour, the Government indicates that there is a concerted multi-sectoral collaboration in the fight against child labour and its worst forms. In addition, the Labour Department is now partnering with the Drug Law Enforcement Agency of Gambia, which is part of the National Steering Committee, to provide continuous sensitization to the public on the worst forms of child labour. The Committee requests the Government to provide more detailed information on the concerted 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.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee welcomes the information shared by the Government, in its report, regarding the achievements registered by the Ministry of Basic and Secondary Education, as a result of the implementation of its policies aiming to promote basic education (Education Sector Policy 2016–30) and UNICEF collaboration. These achievements include the elimination of all tuition fees up to senior secondary level, the reduction of walking distances to schools, the training of more than 95 per cent of primary school teachers, and the increase of community involvement through school management committees.

The Committee notes, however, that according to the latest Multiple Indicator Cluster Survey (MICS), published in July 2019, only 58.2 per cent of children of primary school entry age are entering grade 1, and the net attendance ratios decrease significantly with age: the net attendance rate is 78.1 per cent at primary level, 44.2 per cent at the lower secondary level, and 23.2 per cent at the upper secondary level. Moreover, a 2022 UNICEF report on teacher attendance in The Gambia reveals that teacher absenteeism is a significant challenge in the country, and that while the education system had started to show improvements before the COVID-19 pandemic, the challenges this crisis has imposed on children’s learning makes teacher attendance even more relevant today. While taking due note of the measures taken by the Government, the Committee once again requests the Government to strengthen its efforts to ensure access to free basic education to all children through measures aimed at increasing the school enrolment and attendance rates and reducing the drop-out rates at the primary and lower secondary levels. In order to improve school retention rates, it also requests the Government to continue taking measures to improve the functioning of the education system, in particular by addressing teacher absenteeism. It requests the Government to continue to provide information on the measures taken or envisaged in this regard, as well as on the results achieved.

Clause (d). Identify and reach out to children at special risk.   Children in street situations. The Committee notes the Government’s information, according to which several civil society organizations have supported children in street situations especially during the COVID-19 pandemic, to have access to services, information and legal protection. The Government also indicates that child protection stakeholders have carried out inspections to be able to have statistics on children in vulnerable situations, including those in street situations. According to these statistics, 242 children were found living in the streets between 2010 and 2021. The assistance extended to these children includes enrolment in educational institutions, enrolment in vocational institutions, community projects and family support. The Committee requests the Government to continue providing information on the measures taken to protect children in street situations from the worst forms of child labour, and the number these children who have benefited from these measures and rehabilitated and socially integrated.

HIV and AIDS orphans and other vulnerable children (OVCs). Regarding the Committee’s request that the Government scale up its efforts to prevent the engagement of OVCs in the worst forms of child labour, the Government refers to the Global Aids Monitoring Report 2020, according to which a more favourable policy context, provided by the transition from over two decades of dictatorship to democracy and improved governance, has created a conducive environment for the fight against HIV and AIDS. Moreover, the Government indicates that the Social Protection Policy 2015–25, which includes the implementation of measures needed to address the specific socio-economic vulnerabilities faced by children affected by HIV and AIDS, is in its mid-term review, the aim of which is to evaluate its achievements and improve on the activities going forward. The Committee notes, however, that according to UNAIDS estimates, there were 24,000 orphans due to HIV and AIDS in 2021, which is a notable increase since the Committee last took note of the estimated 19,000 orphans due to HIV and AIDS in 2018. The Committee therefore once again requests the Government to continue its efforts to protect HIV/AIDS orphans and other vulnerable children and prevent their engagement in the worst forms of child labour. It also once again requests the Government to provide information on the results achieved through the implementation of the National Social Protection Policy (2015–25) in this regard.

Child talibés. The Committee notes the information contained in the report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, of 22 January 2021 (A/HRC/46/31/Add.1, paragraphs 24 and 26), according to which an undetermined number of talibé children (boys aged 5 to 15 years) live and study in daaras (Koranic schools), sent from local communities or from other villages and neighbouring countries, most commonly from Guinea, Guinea-Bissau, Mali and Senegal. These children are used by caregivers and marabouts to beg and are extremely vulnerable to abuse and exploitation. Instances of forced begging, beatings and other forms of abuse by the marabouts have been denounced by child protection stakeholders and children living in the communities. The Committee requests the Government to provide information on the measures taken to protect child talibés from engaging in the worst forms of child labour and to provide assistance to those who have fallen victim to these worst forms, as well as on the results achieved.

Application of the Convention in practice.The Committee once again requests Government to ensure that sufficient data, disaggregated by gender 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.

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Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Sale and trafficking of children and child sex tourism. The Committee previously noted that section 39 of the Children’s Act, 2005, prohibits child trafficking, and that this offence is punishable by life imprisonment. It also notes that the Trafficking in Persons Act, 2007, prohibits all forms of trafficking and provides a penalty of 15 years to life imprisonment.

The Committee takes note of the report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material of 22 January 2021 (A/HRC/46/31/Add.1), in which it is revealed that the Gambia remains a source and destination country for children subjected to trafficking for sexual exploitation purposes. The Special Rapporteur heard allegations of trafficking of children, in particular Senegalese children to, and Gambian children from, the Gambia, for exploitation in international or domestic labour, domestic servitude, prostitution, apprenticeships and the fishing industry, and as beggars or shoe shiners. She also heard about instances of Gambian girls being trafficked to the Middle East for labour exploitation and domestic servitude (paras 9–10).

The Special Rapporteur also describes in detail the information she received concerning the commercial sexual exploitation of children in the context of travel and tourism (paras 15–18). It is reported that the Gambia is listed as a major destination for both male and female perpetrators of child sex offences. Incidents of commercial sexual exploitation of children are reportedly occurring in the tourism development areas, which comprise the areas around the major hotels, beaches, restaurants and nightclubs, and where children from poor communities are brought to meet tourists. Some perpetrators come into contact with children and develop relationships with them through organizations registered as philanthropic or as charities; others approach children under the guise of sponsoring their education or through intermediaries known as “bumsters”, who can be tour guides, taxi drivers and hotel workers. There are also allegations of existing organized sex-trafficking networks, reportedly operated by overseas and Gambian travel agencies, that promote Gambia as a destination for child sex tourism.

The Committee notes that, according to the Special Rapporteur, perpetrators of child trafficking and of commercial sexual exploitation of children are rarely brought to justice and punished. Enforcement is hampered by several factors, including a lack of awareness of existing laws and penalties; inadequate human, technical, financial and administrative capacity to oversee and rapidly respond to reported cases; and significant gaps in capacity and expertise for providing victims with the necessary child-friendly services and assistance, including at the first point of contact with children (para. 33). Moreover, the Special Rapporteur heard that reports of sexual abuse are often not taken up by the authorities for further action. In the rare instances where complaints are lodged with the police, they are not duly acted upon, the gathering of compelling evidence is delayed, and investigation and prosecution are stalled, resulting in victims or witnesses withdrawing their complaints. Reportedly, cases have been dismissed on the grounds that child victims’ statements were allegedly inconsistent. In some cases, the police or even the judiciary have encouraged the parties to settle a case in the community to the detriment of the child and in the interest of protecting the family’s honour. At the time of the visit of the Special Rapporteur in 2019, 15 new investigations were reported by the Government, six of which involved allegations of sex trafficking and nine involved allegations of forced labour in domestic work in the Middle East. Three prosecutions were still pending. No convictions were known to have been obtained on charges of trafficking of persons (paras 59–60).

The Committee notes with concern that, according to both the Special Rapporteur (para. 9) and the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 1 November 2022 (CEDAW/C/GMB/CO/6, para. 23(b)), the trafficking of children is drastically underreported, owing to, inter alia, the lack of confidence in the administration of justice, lengthy investigations and court proceedings, the lack of prosecutions and convictions. Recalling that the established sanctions are only effective if they are actually applied, the Committee urges the Government to take the necessary measures, without delay, to ensure that thorough investigations and prosecutions are carried out of persons who violate the provisions related to the sale and trafficking of children and that effective and dissuasive sanctions are imposed on them in application of the Children’s Act, 2005, and of the Trafficking in Persons Act, 2007. In this regard, it urges the Government to take the necessary steps to strengthen the capacities of law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by means of training and adequate resources. The Committee requests the Government to provide statistics on the number of convictions and penal sanctions imposed.

Article 6. Programmes of action. Child trafficking and commercial sexual exploitation. The Committee notes, according to the report of the Special Rapporteur, that the Government has adopted some measures to prevent the sale and trafficking of children, as well as their commercial sexual exploitation, such as setting up children’s courts and putting in place a manual for training on the eradication of child labour and sexual exploitation in the tourism industry, as well as a tourism code of conduct in hotels, motels and restaurants (paras 18 and 32). However, the Committee notes the observation of the Special Rapporteur according to which Government measures have had a limited impact on the prevention of the sale and sexual exploitation of children and the protection of child victims, notably due to the lack of a comprehensive strategy to effectively tackle the sale and sexual exploitation of children, including the root causes (para. 34). Those root causes include rampant poverty, limited access to education and economic opportunities for girls in rural areas, a lack of awareness of the relevant laws, existing societal barriers, the stigma and shame related to sexual exploitation and abuse, a deeply embedded culture of silence, compounded by weak law enforcement and inadequate child protection responses, the reportedly high number of children not immediately registered at birth, particularly in rural areas, and more (paras 21–23). The Committee requests the Government to take measures to develop and adopt a comprehensive plan of action to combat and eliminate child trafficking for labour and sexual exploitation, which takes into consideration and addresses the root causes and factors that are pulling and pushing children into becoming victims of trafficking.It requests the Government to provide information on the progress made in this regard in its next report.

Clause (b). Providing for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s indication, in response to its previous comments, that the Directorate of Children’s Affairs of the Ministry of Gender, Children and Social Welfare is involved in the provision of all support to child victims of commercial sexual exploitation. Moreover, the National Agency Against Trafficking in Persons developed a National Referral Mechanism for victims of Human Trafficking and the Gambia Tourism Authority for the Protection of Children trained hotel staff on the commercial sexual exploitation of children. There is also a case management system that is intended to facilitate the identification, referral and care for children who are victims of all abuses.

The Committee notes, however, that in its concluding observations of 1 November 2022, the CEDAW expresses its concern regarding the lack of an effective national referral mechanism to appropriate support services for victims of trafficking for purposes of forced labour and sexual exploitation, including sex tourism (CEDAW/C/GMB/CO/6, paragraph 23(b)). The Special Rapporteur also highlighted the need for a functional referral system and effective case management to ensure efficient service delivery and connect victims to support services, as well as the urgent need to establish additional shelters for child victims of sexual exploitation that are properly funded and staffed by well-trained personnel who can offer integrated psychological, legal, medical and other services (para. 66). The Committee therefore once again urges the Government to strengthen its efforts to ensure that child victims of trafficking for labour or sexual exploitation and child victims of commercial sexual exploitation are removed from these worst forms of child labour, rehabilitated and socially integrated, including through the establishment of additional shelters for child victims. It requests the Government to provide information on the number of children removed and provided with support.

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

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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.

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Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Government indicates in its report under the Minimum Age Convention, 1973 (No. 138) that it is committed to upholding the right of every person to basic education, regardless of gender, age, religion or disability. Accordingly, basic education will be open to all. Education at this level will be geared towards the holistic development of the individual for the positive realization of every person’s full potential and aspirations. The Education Sector Policy 2016–2030 is the first sector-wide policy written after the repositioning of the former Ministry of Education to focus on Basic and Secondary Education. Some of the initiatives to encourage school enrolment and reduce child labour include the establishment of new schools, construction of additional classrooms and the improvement, rehabilitation and maintenance of existing facilities. The Committee notes also the information provided by the Government in its report submitted to the United Nations Human Rights Council in July 2019, according to which the School Improvement Grant (SIG) has been a positive stride towards the progressive introduction of free education. The SIG covers the cost of stationary, books and school uniforms for children from lower basic, upper basic and senior secondary education levels. The SIG is coupled with the bursary scheme for girls that also provides for uniforms and stationary especially for girls in the rural area. In addition, the Results for Education Achievement and Development (READ) Project supported by the World Bank through the Ministry of Basic and Secondary Education provides free textbooks for both boys and girls in schools. A Conditional Cash Transfer Scheme has also been introduced to provide another form of education with minimum curriculum standards to children and youth who attend non-conventional Islamic schools. The Scheme has been introduced in 17 centres countrywide and aims to provide functional literacy and numeracy coupled with life and livelihood skills. These funds are supplemented by regional initiatives and incentives of various types, including special scholarship packages that cover a wide range of costs from fees, uniforms, and books to mentoring. The Government also engages in public sensitization programmes to encourage parents to make educating their female children, in addition to the male, a priority [A/HRC/WG.6/34/GMB/1, paras 127, 128 and 135]. The Committee further notes that, according to the Education Sector Policy 2016–2030, increased public expenditure on education has led to expanding access and enrolment at all levels of the formal education system, with girls representing over 50 per cent of enrolments in both lower and upper basic education. Policy objectives include increasing the basic education gross enrolment rates and the completion rates in basic education to 100 per cent by 2030, so that every child will have a minimum school career of nine uninterrupted years. However, the Committee notes that, as mentioned in such Policy, in addition to attracting children to school, greater efficiency continues to be required in order to retain a larger proportion of children in basic education. Even though repetition rates have dropped significantly, 26 per cent of 12 year old girls and 27 per cent of 12-year-old boys do not complete grade 6. Out of those who started grade 1 in 2015, 54 per cent are expected to reach grade 6 and only 43 per cent to reach grade 9. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure access to free basic education to all children and to improve the functioning of the education system through measures aimed at increasing the school enrolment and attendance rates and reducing the drop-out rates of both boys and girls at the primary and secondary levels. It requests the Government to continue to provide information on the measures taken or envisaged in this regard, as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously requested the Government to provide information on the implementation of the National Plan of Action to Combat Sexual Exploitation of Children (NPA-CSEC-II), as well as on the number of children prevented from engaging in or removed from that worst forms of child labour and the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the Department of Social Welfare (DOSW).

The Committee notes the Government’s indication in its report that a series of meetings and sensitizations have been carried out at national, regional and local level, but no data is available. The Committee notes also 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 in its efforts to effectively combat child sexual abuse and exploitation, the DOSW reviewed and updated its National Plan of Action Against the Sexual Abuse and Exploitation of Children 2011–2015 in order to strengthen the protective environment for children. The Child Protection Alliance, a child rights coalition in the Gambia, in partnership with the Gambia Tourism Board, has from 2010 to date, sensitized 151 stakeholders (taxi drivers, hotel workers, tourist guides, personnel of the Tourism Security Unit, small-scale entrepreneurs) in the tourism industry on the Code of Conduct of the Gambia Tourism Board for the Protection of Children, the Tourism Offences Act 2003 and the Sexual Offences Act, to ensure greater protection of children from sexual exploitation in tourism. The Gambia Tourism Board, in collaboration with the Child Protection Alliance, launched an electronic signboard with messages on the Gambia’s stance against child sex tourism at the arrival lounge of the Banjul International Airport. The Committee notes, however, that the Gambia’s National Human Rights Commission, in its submission to the Universal Periodic Review, indicates that the Gambia remained a source and destination country for the trafficking of children for sexual purposes [A/HRC/WG.6/34/GMB/3, para. 43]. The Committee therefore urges the Government to strengthen its efforts to ensure that child victims of commercial sexual exploitation and trafficking for that purpose are removed from these worst forms of child labour, rehabilitated and socially integrated. The Committee further requests the Government to provide information on the impact of the measures taken by the relevant governmental agencies, notably under the revised National Plan of Action to Combat Sexual Exploitation of Children, in preventing and combating the commercial sexual exploitation of children and trafficking of children for that purpose.

Clause (d). Identify and reach out to children at special risk. HIV and AIDS orphans and other vulnerable children (OVC). The Committee notes that the National Strategic Plan for HIV and AIDS (2015–2019) aims to increase the percentage of orphans and vulnerable children under 18 years receiving educational and nutritional support from 57 per cent in 2013 to 80 per cent by 2019. A Steering Committee has been established to coordinate the support to OVC. The Committee also notes that the Government adopted a National Social Protection Policy (2015–2025) which foresees the implementation of measures needed to address the specific socio-economic vulnerabilities faced by children affected by HIV and AIDS. According to such policy, due to the impact of HIV and AIDS, the Gambia is home to many orphans and vulnerable children, including children living with HIV and street children. The Committee further notes the data available at the UNAIDS website, which indicates that there were 19,000 orphans due to AIDS aged 0 to 17 in 2018 in the Gambia. The Committee requests the Government to scale up its efforts to prevent the engagement of HIV/AIDS orphans and other vulnerable children in the worst forms of child labour. It also requests the Government to provide information on the results achieved through the implementation of the National Strategic Plan for HIV and AIDS (2015–2019) and of the National Social Protection Policy (2015–2025).

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

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

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Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

2. National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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 comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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:

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee noted the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also noted the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCs) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It noted the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee noted the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also noted the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee noted the Government’s information that the NPA CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA-CSEC-II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee noted the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also noted the statistical information on the school enrolment and drop-out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee noted the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also noted the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It noted the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further noted that, according to the International Trade Union Confederation (ITUC) report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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:

Repetition

Article 5 of the Convention. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee notes the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also notes the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCS) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It notes the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee notes the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also notes the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children–2004 (NPA-CSEC). The Committee notes the Government’s information that the NPA-CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA CSEC II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee notes the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also notes the statistical information on the school enrolment and drop out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grades 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the CRC, in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee notes the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefitted from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee notes the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in Centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also notes the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It notes the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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. The Committee notes that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further notes that according to the International Trade Union Confederation (ITUC) Report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60) at the high number of child beggars, referred to as almudus, who are scholars under the guardianship of religious Islamic education teachers called marabouts. It therefore requested the Government to identify and provide the text of any legislation to prohibit the use, procuring or offering of a child in illicit activities, in particular, the use of children in begging.

The Committee notes with interest that according to section 19 of the Children’s Act of 2005, a child (defined in section 2 as a person under the age of 18 years) shall not be subjected to any social and cultural practices that affect the welfare, dignity, normal growth and development of the child, and in particular those customs and practices that are; (a) prejudicial to the health and life of the child; and (b) discriminatory to the child on the grounds of sex or other status. Moreover, as per section 75 of the Children’s Act, a person with information on child abuse, or a child in need of care and protection shall report the matter to the Department for Social Welfare or the police station. According to section 76(g) and (h) of the Children’s Act, a child is in need of care and protection if that child is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises or place for purpose of begging or receiving; or accompanies any person when that person is begging or receiving alms.

Article 5. Monitoring mechanisms. Department for Social Welfare (DOSW). The Committee notes the Government’s information that the DOSW together with the Police Child Welfare Unit (PCWU) and Child Protection Alliance (CPA) jointly conduct several programmes to assess and identify children engaged in various forms of labour. Most of the children identified are found working at car parks, garages, markets and dump sites where they scavenge scrap metals and sell in the market. The Committee also notes the Government’s information that the DOSW and the CPA have established Community Child Protection Committees (CCPCS) in order to conduct monthly sensitization and awareness-raising activities on practices affecting children and to report suspected cases of abuse and exploitation of children to the concerned authorities such as DOSW, police, educational authorities and hospitals for intervention and services. It notes the Government’s information that as a result of the effective functioning of the 31 CCPCs established countrywide, child protection issues have been significantly reduced and child labour and exploitation have been prevented. The Committee requests the Government to provide information on the number of children who have been reported by the CCPCs as being involved in the worst forms of child labour.

Article 6. Programmes of action. National Children’s Policy. The Committee notes the Government’s information that the National Children’s Policy 2004–08 has been successfully implemented. It is further planning to develop the second National Children’s Policy in 2012. It also notes the Government’s information that child protection and issues related to children have been given priority in its National Development Agenda as well as in the Programme for the Acceleration of Growth and Empowerment (PAGE) document for the achievement of the Millennium Development Goals. The Committee expresses the hope that the National Children’s Policy of 2012 will soon be adopted and implemented. It requests the Government to provide information on any progress made in this regard, as well as its impact on eliminating the worst forms of child labour. It also requests the Government to provide information on the impact of the National Development Agenda and the PAGE, in eliminating the worst forms of child labour.

National Plan of Action to Combat Sexual Exploitation of Children-2004 (NPA-CSEC). The Committee notes the Government’s information that the NPA-CSEC of 2004 has been completed and that the DOSW and CPA along with its partners UNICEF and the European Commission are currently reviewing the second draft document of the NPA-CSEC. The Committee requests the Government to provide information on the implementation of the NPA CSEC II, as well as on the number of children who have been prevented from engaging in or removed from the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted the various provisions under the Children’s Act which provide for penalties for the offences 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 Code for the breach of provisions related to the employment of children. The Committee notes the Government’s information that a number of cases related to the exploitation of children are currently before the courts and for some cases convictions have been made. The Committee requests the Government to provide information with regard to the number and nature of violations reported under the Children’s Act and the Labour Act, investigations carried out, prosecutions, convictions, and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information contained in the Government’s report under Convention No. 138 that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. It also notes the statistical information on the school enrolment and drop out rates. Accordingly, during the year 2009/2010, a total of 184,339 children (89,070 boys and 95,269 girls) were enrolled in grades 1 to 6 and the drop-out rate was 48 per cent. The enrolment rates for grade 7 to 9, during the year 2009/2010 was 68,657 children (33,082 boys and 35,575 girls) with a drop-out rate of 30 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed, in particular at increasing the enrolment and attendance rates at the primary and secondary levels. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the concerns expressed by the CRC, in its concluding observations of 6 November, 2001, at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and at the insufficient programmes for their physical and psychological recovery and social reintegration. The Committee notes the Government’s information that the DOSW has put in place rehabilitation and family reintegration programmes for child victims of commercial sexual exploitation. These programmes include temporary shelter, psycho-social counselling, legal assistance, health care and skills training. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have benefitted from the rehabilitation and reintegration programmes of the DOSW.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 6 November 2001, expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee notes the Government’s information that the children identified as working in the streets by the DOSW, PCWU and CPA are placed at the shelter for children or at drop-in Centres which provide physical, psychological and health assistance as well as family tracing and reunification with their family. It also notes the Government’s information that the DOSW is in the process of finalizing a study on street children conducted in collaboration with the Centre for Street Children and Child Trafficking Studies funded by the ISS Swiss Foundation. It notes the Government’s indication that this study will enable the DOSW to further develop strategies and programmes for the protection of street children. The Committee 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. It 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.

Child beggars called almudus. The Committee notes that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour”, available at the website of the United Nations High Commissioner for Refugees, the Government, in collaboration with the UNICEF operates a drop-in centre that provides medical as well as other basic services to almudus. According to this report, once almudus have registered at the drop-in centre, they are no longer allowed to continue begging on the streets for their teacher. The Committee further notes that according to the International Trade Union Confederation (ITUC) Report for the WTO General Council Review of the Trade Policies of the Gambia (September 2010), although Islamic schools used to send children to beg or work, this practice is now limited because police have taken measures against teachers who were obliging children to work or beg to collect money for their fees. 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 centre.

Article 8. International Cooperation. Following its previous comments, the Committee notes the Government’s information that the Multilateral Agreement to Combat Trafficking in Persons allows for the prosecution of persons involved in the trafficking of children either in the country of origin or destination country. Furthermore, the agreement makes it mandatory for mutual legal assistance to be provided between states in gathering evidence to prosecute human traffickers. It also notes the Government’s indication that through this Multilateral Agreement, the DOSW was able to receive 37 Gambian children who were trafficked to Senegal and Guinea-Bissau and over 15 children within Gambia were prevented and removed from the worst forms of child labour. These children were reintegrated with their families and were provided with micro-credit support as well as support for their education, health and basic needs for the two years to follow. It also notes that the DOSW removed and repatriated 22 children from Gambia to Senegal, Mali, Guinea-Bissau and Guinea Conakry who were engaged in the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information in the Government’s report on this part. The Committee therefore once again requests the Government to give a general assessment of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of these 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. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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:

The Committee noted the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted that section 39 of the Children’s Act of 2005 prohibits child trafficking or recruiting, transporting, transferring, harbouring or receiving a child by means of threat, force or other forms of coercion for sexual or labour exploitation. According to section 2 of the Children’s Act, “child” means a person under the age of 18 years and “trafficking” includes all acts and attempted acts in the recruitment and transportation within or across the borders of Gambia, purchase, sale, transfer, receipt, dealing in, trading in and harbouring of a child which involves the use of deception, force or coercion for the purposes of labour and sexual exploitation. The Committee also noted that under section 39(3) of the Children’s Act, consent of the child shall not be used as a defence in prosecution. It further noted that exporting and importing a child from or to Gambia for prostitution and buying and selling of a child for immoral purposes are offences under sections 26 and 37 of the Children’s Act. Moreover, under section 13 of the Tourism Offences Act Law No. 7 of 2003, the buying, selling, procuring or trafficking in children or removing them from Gambia by tourists or any other person constitutes an offence.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee noted that by virtue of article 20 of the Constitution, no person shall be held in slavery or servitude or shall be required to perform forced labour. It further noted that section 40 of the Children’s Act makes it an offence to import, export or otherwise deal or trade in, purchase, sell, transfer, take or dispose of a child as a slave; accept, receive or detain a child as a slave or enter into any contract or agreement for doing or accomplishing any of the abovementioned acts.

3. Compulsory recruitment of children for use in armed conflict. The Committee noted that section 59(1) of the Children’s Act prohibits the recruitment of children into any of the branches of the armed forces of Gambia or other security agencies. Section 59(2) further states that the Government or any other relevant agency shall ensure that no child is directly involved in any military operation or hostilities. The Committee also noted that, under section 31(1)(c) of the Children’s Act, trafficking a child for the purpose of recruitment for use in armed conflict is prohibited. The Committee further noted that, according to a report entitled “Child Soldiers Global Report 2008 – Gambia”, available at the website of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), section 23 of the Armed Forces Act (amended by the Gambia Armed Forces Bill, 2008) states that “where a person enlisting has not attained the age of 18 years, his period of enlistment shall commence from the date he attains the age of 18 years”.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. The Committee noted that section 31(1)(a) of the Children’s Act prohibits the use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. It also noted that under the terms of section 38(1) of the Children’s Act, causing or encouraging the seduction or prostitution of a child, keeping a brothel, permitting the defilement of a child in one’s premises, allowing a child to be in a brothel, trading in prostitution and procuring, using or offering of a child for prostitution, or for the production of pornography or for pornographic performances is an offence. Moreover, under the Tourism Offences Act, a tourist or any other person who procures a child for the purposes of sexual intercourse, for prostitution or to become an inmate of a brothel, or takes any indecent photo of a child, publishes or distributes the same shall be punished (sections 7 and 8).

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that, according to section 31(1)(b) of the Children’s Act, no person shall use, procure or offer a child for the production or trafficking of drugs. It further noted that, according to section 58(1) of the Children’s Act, no person shall exploit a child in any other form or way that is prejudicial to the welfare of the child. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of child beggars, referred to as almudus, who are scholars under the guardianship of religious Islamic education teachers called marabouts. The Committee requests the Government to identify and provide the text of any legislation existing or envisaged to prohibit the use, procuring or offering of a child in illicit activities, in particular, the use of children in begging.

Article 3(d) and Article 4. Hazardous work and determination of types of hazardous work. The Committee noted that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to the health, safety, education, morals or development of that child. Section 46(2) of the Labour Act further states that the Secretary of State may, after consultation with relevant employers’ and employees’ organizations, specify by notice published in the Gazette, occupations or activities mentioned above. The Committee also noted that, by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of health, education or development. Moreover, according to section 44 of the Children’s Act a child shall not be engaged in hazardous work which poses a danger to their health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used; and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further noted that night work between 8 p.m. and 6 a.m. is prohibited to children (section 42).

Article 5. Monitoring mechanisms. The Committee noted that, according to section 4 of the Labour Act, the Commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. According to section 21 of the Labour Act, the Commissioner is entitled to take action in case of any contravention of the Act, including informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee noted that, according to sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide information on the activities of the Commissioner, the Department for Social Welfare and the labour officers in monitoring the compliance of the child labour provisions, in the formal as well as in the informal sectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also requests the Government to indicate whether any monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action. The Committee noted that the Department of Social Welfare launched a National Policy for Children in the Gambia, 2004–08, which includes components addressing child economic and sexual exploitation. It further noted that, according to the United Nations Children’s Fund (UNICEF) report “The Gambia – Good practice: Preventing and combating sexual exploitation of children in tourism”, Gambia elaborated and finalized a National Plan of Action to Combat Sexual Abuse and Exploitation of Children in 2004. The Committee requests the Government to provide information on the implementation of the National Policy for Children and the National Plan of Action to Combat Sexual Abuse and Exploitation of Children and the results achieved, in terms of the number of children prevented from engaging in or removed from, the worst forms of child labour.

Article 7(1). Penalties. The Committee noted that the Children’s Act provides for penalties of life imprisonment for anyone who commits the offences related to trafficking in children (section 39), and slave dealing in children (section 40). Moreover, using, procuring or offering of a child for prostitution, the production of pornography, pornographic performances, the production or trafficking of drugs and trafficking for use in armed conflict is punishable with imprisonment for 14 years (section 31(2)). It further noted that section 48 of the Labour Act and section 47 of the Children’s Act establish penalties of imprisonment and fines for the breach of the provisions related to the employment of children. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee noted that article 30(a) of the Constitution, and section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. It noted that the Government adopted the Education Sector Strategic Plan (ESSP) 2006–15 for implementing the policies contained in the Millennium Development Goals, the Education for All Action Plan, the Poverty Reduction Strategy Paper and finally the National Education Policy (2004–15), all of which aim at universal access to relevant and high quality education by 2015. The Committee noted that, according to the information available at the Gambia Department of State for Education, as a result of the implementation of the ESSP, the gross enrolment rate (GER) increased from 85 per cent in 1998 to 92 per cent in 2007. The GER at the upper basic level increased from 29 per cent in 1998 to 65 per cent in 2007 and at the senior secondary level from 15 per cent in 1998 to 32 per cent in 2007. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 54), expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further noted that, according to the Gambia Multiple Indicator Cluster Survey Report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school, especially girls, disadvantaged children and children from remote areas. It also requests the Government to indicate the results achieved and to provide information on the school enrolment and drop-out rates.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 64), expressed concern at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. It further expressed concern at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of commercial sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to indicate any measures taken in this regard.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 58), expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration.

2. Child beggars called almudus. The Committee noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of children who are begging in the streets. These beggars, referred to as almudus, beg for their teachers called marabouts as part of their religious education, and are vulnerable to sexual and economic exploitation. The Committee further noted that, according to a report entitled “2009 Trafficking in persons report, Gambia”, available at the website of the UNHCR (www.unhcr.org), boys are trafficked within the country as well as between Gambia and Senegal for forced begging by religious teachers. The Committee requests the Government to provide information on the measures taken to protect child beggars or almudus from the worst forms of child labour.

Article 8. International cooperation. The Committee noted that Gambia signed in 2005 a Multilateral Cooperation Agreement to Combat Trafficking in Persons in West Africa. This agreement aims to develop a common front to prevent, fight, suppress and punish trafficking in persons by mutual cooperation; to protect, rehabilitate and reintegrate victims of trafficking; and to assist each other in investigating, arresting and prosecuting traffickers. The Committee requests the Government to provide information on the implementation of the multilateral agreement signed in 2005, and its impact in combating child trafficking and in rehabilitating and reintegrating child victims of trafficking.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these 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.

 

CMNT_TITLE

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 39 of the Children’s Act of 2005 prohibits child trafficking or recruiting, transporting, transferring, harbouring or receiving a child by means of threat, force or other forms of coercion for sexual or labour exploitation. According to section 2 of the Children’s Act, “child” means a person under the age of 18 years and “trafficking” includes all acts and attempted acts in the recruitment and transportation within or across the borders of Gambia, purchase, sale, transfer, receipt, dealing in, trading in and harbouring of a child which involves the use of deception, force or coercion for the purposes of labour and sexual exploitation. The Committee also notes that under section 39(3) of the Children’s Act, consent of the child shall not be used as a defence in prosecution. It further notes that exporting and importing a child from or to Gambia for prostitution and buying and selling of a child for immoral purposes are offences under sections 26 and 37 of the Children’s Act. Moreover, under section 13 of the Tourism Offences Act Law No. 7 of 2003, the buying, selling, procuring or trafficking in children or removing them from Gambia by tourists or any other person constitutes an offence.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of article 20 of the Constitution, no person shall be held in slavery or servitude or shall be required to perform forced labour. It further notes that section 40 of the Children’s Act makes it an offence to import, export or otherwise deal or trade in, purchase, sell, transfer, take or dispose of a child as a slave; accept, receive or detain a child as a slave or enter into any contract or agreement for doing or accomplishing any of the abovementioned acts.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 59(1) of the Children’s Act prohibits the recruitment of children into any of the branches of the armed forces of Gambia or other security agencies. Section 59(2) further states that the Government or any other relevant agency shall ensure that no child is directly involved in any military operation or hostilities. The Committee also notes that under section 31(1)(c) of the Children’s Act, trafficking a child for the purpose of recruitment for use in armed conflict is prohibited. The Committee further notes that according to a report entitled “Child Soldiers Global Report 2008 – Gambia”, available at the web site of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), section 23 of the Armed Forces Act (amended by the Gambia Armed Forces Bill, 2008) states that “where a person enlisting has not attained the age of 18 years, his period of enlistment shall commence from the date he attains the age of 18 years”.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. The Committee notes that section 31(1)(a) of the Children’s Act prohibits the use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. It also notes that under the terms of section 38(1) of the Children’s Act, causing or encouraging the seduction or prostitution of a child, keeping a brothel, permitting the defilement of a child in one’s premises, allowing a child to be in a brothel, trading in prostitution and procuring, using or offering of a child for prostitution, or for the production of pornography or for pornographic performances is an offence. Moreover, under the Tourism Offences Act, a tourist or any other person who procures a child for the purposes of sexual intercourse, for prostitution or to become an inmate of a brothel, or takes any indecent photo of a child, publishes or distributes the same shall be punished (sections 7 and 8).

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, according to section 31(1)(b) of the Children’s Act, no person shall use, procure or offer a child for the production or trafficking of drugs. It further notes that according to section 58(1) of the Children’s Act, no person shall exploit a child in any other form or way that is prejudicial to the welfare of the child. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of child beggars, referred to as almudus, who are scholars under the guardianship of religious Islamic education teachers called marabouts. The Committee requests the Government to identify and provide the text of any legislation existing or envisaged to prohibit the use, procuring or offering of a child in illicit activities, in particular, the use of children in begging.

Article 3, clause (d), and Article 4. Hazardous work and determination of types of hazardous work. The Committee notes that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to the health, safety, education, morals or development of that child. Section 46(2) of the Labour Act further states that the Secretary of State may, after consultation with relevant employers’ and employees’ organizations, specify by notice published in the Gazette, occupations or activities mentioned above. The Committee also notes that by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of health, education or development. Moreover, according to section 44 of the Children’s Act a child shall not be engaged in hazardous work which poses a danger to their health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used; and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further notes that night work between 8 p.m. and 6 a.m. is prohibited to children (section 42).

Article 5. Monitoring mechanisms. The Committee notes that, according to section 4 of the Labour Act, the Commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. According to section 21 of the Labour Act, the Commissioner is entitled to take action in case of any contravention of the Act, including informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee notes that according to sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide information on the activities of the Commissioner, the Department for Social Welfare and the labour officers in monitoring the compliance of the child labour provisions, in the formal as well as in the informal sectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also requests the Government to indicate whether any monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action. The Committee notes that the Department of Social Welfare launched a National Policy for Children in the Gambia, 2004–08, which includes components addressing child economic and sexual exploitation. It further notes that according to the United Nations Children’s Fund (UNICEF) report “The Gambia – Good practice: Preventing and combating sexual exploitation of children in tourism”, Gambia elaborated and finalized a National Plan of Action to Combat Sexual Abuse and Exploitation of Children in 2004. The Committee requests the Government to provide information on the implementation of the National Policy for Children and the National Plan of Action to Combat Sexual Abuse and Exploitation of Children and the results achieved, in terms of the number of children prevented from engaging in or removed from, the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Children’s Act provides for penalties of life imprisonment for anyone who commits the offences related to trafficking in children (section 39), and slave dealing in children (section 40). Moreover, using, procuring or offering of a child for prostitution, the production of pornography, pornographic performances, the production or trafficking of drugs and trafficking for use in armed conflict is punishable with imprisonment for 14 years (section 31(2)). It further notes that section 48 of the Labour Act and section 47 of the Children’s Act establish penalties of imprisonment and fines for the breach of the provisions related to the employment of children. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that article 30(a) of the Constitution, and section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. It notes that the Government adopted the Education Sector Strategic Plan (ESSP) 2006–15 for implementing the policies contained in the Millennium Development Goals, the Education for All Action Plan, the Poverty Reduction Strategy Paper and finally the National Education Policy (2004–15), all of which aim at universal access to relevant and high quality education by 2015. The Committee notes that according to the information available at the Gambia Department of State for Education, as a result of the implementation of the ESSP, the gross enrolment rate (GER) increased from 85 per cent in 1998 to 92 per cent in 2007. The GER at the upper basic level increased from 29 per cent in 1998 to 65 per cent in 2007 and at the senior secondary level from 15 per cent in 1998 to 32 per cent in 2007. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 54), expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further notes that according to the Gambia Multiple Indicator Cluster Survey Report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school, especially girls, disadvantaged children and children from remote areas. It also requests the Government to indicate the results achieved and to provide information on the school enrolment and drop-out rates.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 64), expressed concern at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. It further expressed concern at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of commercial sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to indicate any measures taken in this regard.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 58), expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration.

2. Child beggars called almudus. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of children who are begging in the streets. These beggars, referred to as almudus, beg for their teachers called marabouts as part of their religious education, and are vulnerable to sexual and economic exploitation. The Committee further notes that, according to a report entitled “2009 Trafficking in persons report, Gambia”, available at the web site of the UNHCR (www.unhcr.org), boys are trafficked within the country as well as between Gambia and Senegal for forced begging by religious teachers. The Committee requests the Government to provide information on the measures taken to protect child beggars or almudus from the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Gambia signed in 2005 a Multilateral Cooperation Agreement to Combat Trafficking in Persons in West Africa. This agreement aims to develop a common front to prevent, fight, suppress and punish trafficking in persons by mutual cooperation; to protect, rehabilitate and reintegrate victims of trafficking; and to assist each other in investigating, arresting and prosecuting traffickers. The Committee requests the Government to provide information on the implementation of the multilateral agreement signed in 2005, and its impact in combating child trafficking and in rehabilitating and reintegrating child victims of trafficking.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Gambia and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these 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.