Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ghana (Ratification: 2000)

Article 3(d) of the Convention. Hazardous work in cocoa farming. The Committee previously noted the Government’s activities within the framework of the National Programme for the Elimination of Worst Forms of Child Labour in the Cocoa Industry (NPECLC) and its action plan for 2010–11. It further welcomed the development of the manual for agents of change in communities in Ghana, which was developed with ILO–IPEC assistance in 2014 with a view to, among others, eliminate child labour in hazardous work in Ghana’s cocoa farms. It noted, however, the statistical data contained in the manual, according to which most children aged 5–17 years engaged in labour in the country were found in the agricultural sector, with 23.3 per cent of the children covered (1,846,126) engaged in at least one hazardous activity with 10 per cent in cocoa-specific hazardous activities. The Committee noted with concern the significant number of children below 18 years of age engaged in hazardous conditions of work in the agricultural sector, including in the cocoa industry, and requested the Government to strengthen its efforts to eliminate this worst form of child labour.

The Committee notes with regret the absence of information in the Government’s report on this issue. The Committee therefore urges the Government to undertake the necessary measures to eliminate the hazardous work of children under 18 years of age in cocoa farming, and requests the Government to provide information on any initiatives taken in this regard and the results achieved.

Article 4(3). Revision of the list of hazardous types of work. The Committee previously noted the Government’s indication that it envisaged to review and update as necessary section 91 of the Children’s Act, including the list of types of hazardous work so as to be in compliance with the Convention. The Committee noted that a new list of hazardous work had been finalized in the cocoa sector within the framework of the NPECLC. The Committee also noted that the National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labour in Ghana (2009–15) identified the need to expand the list of hazardous activities under the Children’s Act. It further noted that the Economic Community of West African States (ECOWAS) “Peer Review of Child Labour Elimination Activities in Ghana”, which was carried out in April 2014 with ILO technical assistance, described the Hazardous Child Labour Activity Framework that was elaborated in 2012 and was to be disseminated in 2014. The Committee further noted that, according to the Government’s first report submitted under Convention No. 138, the National Steering Committee of the Child Labour Unit (CLU) had validated a list of hazardous types of work under the Hazardous Child Labour Activity Framework, entitled the “Ghana Hazardous Child Labour List” (GHAHCL), although the Government indicates that it had not yet become national law.

The Committee notes with regret the absence of information in this regard. Noting that the list of hazardous types of work under the Hazardous Child Labour Activity Framework has been elaborated and validated since 2012, the Committee urges the Government to take the necessary measures to ensure that it is adopted in the near future. The Committee also requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the 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. Trafficking. The Committee previously noted that ILO–IPEC was supporting a national programme which focused on, among others, the worst forms of child labour in traditional fishing. The Committee also noted the Analytical Study on Child Labour in Lake Volta Fishing in Ghana, which was carried out in 2013 with ILO–IPEC assistance, which found that working children are engaged in hazardous fishing activities and are confronted with poor working conditions. Among the children engaged in fishing activities, 11 per cent were aged 5–9 years and 20 per cent were aged 10–14 years. Furthermore, according to the study, 47 per cent of children engaged in fishing in Lake Volta were victims of trafficking, 3 per cent were involved in bondage, 45 per cent were engaged in forced labour and 3 per cent were engaged in sexual slavery. The Committee expressed its deep concern at the prevalence of children who have been trafficked or sold into fishing activities, or are otherwise engaged in hazardous fishing activities in the Lake Volta region.

The Committee notes with regret the absence of information in this regard in the Government’s report. However, the Committee notes from the Government’s replies to the list of issues in relation to the initial report of Ghana under the International Covenant on Civil and Political Rights of 13 June 2016, that the Government is implementing the Child Protection Compact Agreement aimed at combating child trafficking, child slavery, and child labour in the Greater Accra, Volta and Central Regions. Currently, standard operating procedures and the database of trafficking in persons are being developed to identify victims of trafficking and follow up on various assistance interventions (CCPR/C/GHA/Q/1/Add.1, paragraph 74). The Committee also notes that, there are two government-owned shelters in Osu and Madina in Accra, which will be soon under renovation (paragraph 75). The Committee further notes that, the General Agriculture Workers Union (GAWU) project is being implemented in Kpondo Torkor to eliminate trafficking and child labour in the fishing sector (Volta Lake). The project puts a focus on the communities to protect children and send them to school. Moreover, a speedboat was launched in April 2015 to assist volunteers to monitor activities, arrest perpetrators and rescue children on the lake (paragraph 76). While taking due note of the measures undertaken by the Government, the Committee once again urges the Government to strengthen its efforts to ensure that these children are removed from the worst forms of child labour and provided with appropriate support services for their rehabilitation and social integration. It also once again requests the Government to provide information on the results achieved in this regard, including the number of child victims of trafficking who have been removed and rehabilitated, as a result of the measures taken.

2. Trokosi system. The Committee previously noted that, despite the Government’s efforts to withdraw children from trokosi (a ritual in which teenage girls are pledged to a period of service at a local shrine to atone for another family member’s sins), the situation remained prevalent in the country. The Committee also noted that, under the NPA for the Elimination of the Worst Forms of Child Labour (2009–15), the Government aims to implement programmes to facilitate change in attitudes with regard to traditional practices towards children’s rights.

The Committee notes with regret that the Government’s report provides no new information on its programmatic measures to prevent and remove children from the trokosi system. It also notes that the Human Rights Committee is concerned about the persistence of certain harmful practices, including the trokosi system, notwithstanding their prohibition by law, in its concluding observations of 9 August 2016 (CCPR/C/GHA/CO/1, paragraph 17). The Committee notes with deep concern the prevalence of the trokosi practice affecting children in the country. The Committee therefore strongly urges the Government to take immediate and effective measures to prevent the engagement of children into trokosi ritual servitude and to put an end to this traditional practice as a matter of urgency. It once again requests the Government to indicate the measures taken in this regard and the results achieved, taking account of the special situation of girls. It once again requests the Government to provide information on the number of children under 18 years of age who are affected by the trokosi system in the country, and on how many are removed from this system and rehabilitated. To the extent possible, this information should be disaggregated by age and by gender.

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