Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guinea (Ratification: 2003)

Article 5 of the Convention. Monitoring mechanisms. Criminal offences. In its previous comments, the Committee noted the Government’s statement that the measures taken to give effect to the Convention are confined to the establishment of anti-drug units and vice squads to combat the proliferation of all forms of prostitution and other immoral acts against children. The Committee also noted the Government’s indications that the Office for the Protection of Gender, Childhood and Morality (OPROGEM) has been assigned the task of preparing, planning and following up all the activities, programmes and other legal measures adopted by the national police force to protect vulnerable categories of the population and defend morality.

The Committee notes the statistical report relating to OPROGEM, which was sent by the Government, according to which four cases of trafficking of children and three cases of child labour were identified in 2013 and 24 cases of trafficking of children were detected in 2014. However, the Committee notes the lack of information on the activities undertaken by OPROGEM and the anti-drug units and vice squads in combating child labour. The Committee, therefore, requests the Government to provide information on the functions of the anti-drug units and vice squads in enforcing the application of Article 3(a)–(c) of the Convention. It also requests the Government to provide information on the activities undertaken by OPROGEM in relation to children engaged in the worst forms of child labour, and the results achieved.

Article 6. Programmes of action. National Plan of Action to combat trafficking in persons. In its previous comments, the Committee noted that Guinea is reportedly a country of origin and destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. It noted that the Government had adopted a National Plan of Action to combat trafficking in persons, based on strategies of prevention, protection, prosecution, coordination and cooperation. In the context of the Plan of Action, the Government indicated that a unit had been established to monitor and evaluate child protection and development activities, and a national committee to combat trafficking in persons, particularly women and children, had been set up, as well as a child labour monitoring and surveillance system under the Ministry of Labour and the Civil Service, and local child protection committees.

The Committee notes the lack of information on the National Plan of Action to combat trafficking in persons in the Government’s report. The Committee, therefore, requests the Government to provide information on the implementation of the National Plan of Action to combat trafficking in persons, and on its impact on the elimination of the trafficking of children under 18 years of age for economic or sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. The Committee previously noted the Government’s indication that the education system is short of capacity and that the distribution of classrooms and school-age children is unsatisfactory. The Government also reported several other challenges that impair the quality of education and make access more difficult, such as bad sanitary conditions in schools, the inadequacy of infrastructure and training, the poor quality of teaching and the persistence of certain sociocultural stereotypes and obstacles which are hampering universal school enrolment, particularly for girls.

The Committee notes the lack of information on school enrolment in the Government’s report. However, the Committee notes that, according to the report The twin challenges of child labour and educational marginalization in the ECOWAS region [Economic Community of West African States], produced by the Understanding Children’s Work programme (UCW 2014 report), at least one third of all working children do not attend school (paragraph 44). The attendance gap between working children and non-working children is particularly high, standing at 32 per cent (paragraph 46). Moreover, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 73), expresses concern at the limited budgetary allocations for education and at the fact that one third of children remain completely deprived of access to education. The CRC also observes that all education indicators show a gender gap in school enrolment, which remains a major challenge, as is also the case for disparities between rural and urban areas. It further observes that only one child in five completes primary education at the scheduled age of 12 years and the pupil/teacher ratio remains high. In this regard, the Committee notes the UNESCO estimates that the net primary school enrolment rate was only 75.1 per cent in 2013. The gross secondary school enrolment rate remains very low, at 38.1 per cent in 2012. Lastly, the Committee notes the information contained in the UNESCO report Education for all 2000–2015: Achievements and challenges, to the effect that Guinea still charges school fees for lower secondary education (page 113) and that despite the progress made to reduce the gender gap and improve the situation of girls (page 227), nearly 70 per cent of the poorest girls have never attended school – a much higher percentage than for the poorest boys – compared with 20 per cent of the richest boys in 2012 (page 158). 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 in the country. In this respect, it requests the Government to continue taking measures to raise the school attendance and completion rate, particularly at the secondary level, giving particular attention to the situation of girls. The Committee requests the Government to provide information on the measures adopted and the results achieved, particularly by providing statistics on school enrolment and completion rates.

2. Children at risk of trafficking. In its previous comments, the Committee noted that the 2010 report relating to the National Survey on Child Labour and Trafficking (ENTE) provides detailed information on the phenomenon of children between five and 17 years of age who are at risk of becoming victims of internal trafficking in Guinea, namely of being procured, requisitioned, transferred or transported, lodged or hosted for economic exploitation – in other words, being involved in types of work that are to be abolished. According to the ENTE, 44,068 children were at risk of becoming victims of trafficking in Guinea.

The Committee notes that the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 83), expresses concern at the fact that Guinea remains a country of origin, transit and, to a lesser extent, destination for child victims of forced labour and trafficking for sexual exploitation, and that the majority of trafficking victims in Guinea are children. The Committee also observes that, according to the 2015 UNICEF Analysis of the situation of children in Guinea, the phenomenon of trafficking remains widespread in Guinea but there are no recent and reliable quantitative statistics in this respect (paragraph 142). The same report states that in March 2014 a total of 22 child victims of trafficking were intercepted by the defence and security forces at the Guinea-Senegal border, then returned to their prefecture of origin (paragraph 144). The Committee therefore requests the Government to provide information on specific time-bound measures taken to prevent children under 18 years of age from becoming victims of trafficking for economic purposes in Guinea. It also requests the Government to provide information on the results achieved in this respect.

Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Talibé children. The Committee noted previously that families entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are obliged to perform various tasks, including begging. The Committee also noted the Government’s indication that efforts have been made to eradicate the practice of begging by children. For this purpose, sections 401 and 402 of the Children’s Code of 2008 provide that any person who incites or compels a child to engage in begging shall be liable to imprisonment of three months to one year and a fine of 50,000–200,000 Guinea francs (GNF).

The Committee notes that the Government’s report does not contain any information on this matter. The Committee, therefore, requests the Government to provide information on the number of children who have been removed from begging further to the prosecution of marabouts under sections 401 and 402 of the Children’s Code. It once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age enjoy the protection afforded by the Convention.

3. Children living or working on the streets. The Committee previously noted that a large number of children live or work on the streets in Guinea.

The Committee notes the lack of information in the Government’s report. The Committee further notes with concern the situation identified by the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 81), particularly the growing number of children who are forced to live and work on the streets and the lack of available statistics on street children. The CRC also expressed its concern at the fact that these children do not have access to any form of education and are exposed to various forms of abuse and exploitation. Considering that children who live on the streets are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect and remove these children from the worst forms of child labour, and the results achieved.

Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted that sections 265–267 of the Children’s Code of 2008 address the protection of orphans and vulnerable children (OVCs) and provide that such children must receive support from the State.

The Committee notes the 2014 report of the National Committee for Action Against AIDS reviewing progress towards achieving the targets of the 2011 UN Declaration on HIV/AIDS, which indicates that orphans have been taken care of under the care and support programme (page 25). However, the Committee notes the lack of information in the Government’s report on the measures taken to protect HIV/AIDS orphans. Recalling that HIV/AIDS orphans run a greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this respect and the results achieved.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted previously that Guinea is a member of Interpol, the organization which assists cooperation between countries in various regions, particularly to combat the trafficking of children. The Committee noted that in 2005 the Government signed the Multilateral Cooperation Agreement to combat the trafficking of children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that in 2005 the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government signed the new Multilateral Regional Cooperation Agreement to combat the trafficking of persons, particularly women and children, in West and Central Africa. The Government also indicated that it was planning to sign bilateral agreements with Senegal, Sierra Leone, Liberia and Guinea-Bissau on trafficking in persons, particularly women and children.

The Committee notes the lack of information on this matter in the Government’s report. The Committee considers that, in order to combat effectively the worst forms of child labour, particularly the sale and trafficking of children, actions need to be coordinated at the subregional level. The Committee therefore requests the Government to provide information on the measures adopted in the context of the abovementioned agreements for collaboration with other signatory countries with a view to eliminating and prohibiting the worst forms of child labour, particularly the sale and trafficking of children for economic and sexual exploitation, and the results achieved.

2. Poverty reduction. In its previous comments, the Committee noted the Government’s indication that Guinea is currently at the second stage of formulation of a Poverty Reduction Strategy Paper (PRSP), in which emphasis is placed on improving access to basic infrastructure. The Government indicated that the PRSP will be instrumental in achieving the elimination of the worst forms of child labour.

The Committee notes the adoption in March 2013 of the PRSP III 2013–15. However, the Committee notes that the Government has not provided any information on the implementation of the PRSP. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the PRSP for the prohibition and elimination of the worst forms of child labour, and to provide information on the results achieved.