Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Further to its previous comments, the Committee notes the Government’s indication in its report that the effective application of the legislation is ensured by the Labour Inspectorate-General, which carries out inspections and controls in workplaces.

The Committee also notes that, according to the statistics available in 2021 from the Office for the Protection of Gender, Childhood and Morality (OPROGEM), six children (two girls and four boys) were identified as victims of trafficking.

However, the Committee notes the absence of information on the number of investigations, prosecutions, convictions and criminal penalties for the trafficking of persons under 18 years of age. The Committee once again urges the Government to take the necessary steps to ensure the effective application of the sections of the penal Code relating to the sale and trafficking of children. It once again requests the Government to provide detailed information, indicating in particular the number of child victims of trafficking and also the number and nature of convictions and criminal penalties imposed.

Articles 3(d) and 4(1) and (3). Determination and revision of the list of hazardous types of work. Further to its previous comments, the Committee notes the indication in the Government’s report that sections 918 and 925 of the new Children’s Code of 2019 refer to types of work that are prohibited for children. The Committee notes with interest that these provisions prohibit several types of hazardous work for children under 18 years of age, including: (i) the handling and use of explosive, irritant, corrosive or toxic materials; (ii) work in slaughterhouses or establishments processing animal entrails, work in tanneries, or work involving the continuous surveillance of cattle; (iii) the extraction of mineralized waste, materials and rubble in mines and quarries, and also as part of levelling work; and (iv) all types of work performed at night. The Committee notes that any person employing children in hazardous work is liable to incur the penalties established by sections 918 and 928. The Committee requests the Government to ensure the application in practice of sections 918 and 928 of the Children’s Code relating to penalties. It also requests the Government to provide information on the number and nature of violations recorded and the penalties imposed in cases of children performing hazardous work.

Article 5. Monitoring mechanisms and application of the Convention in practice. Hazardous work. Further to its previous comments, the Committee notes the Government’s indication in its report that training has been conducted and resources allocated for capacity-building for OPROGEM and the Anti-Trafficking Division at the Central Office for Combating Organized Crime (OCLCO).

The Committee highlights the fact that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of March 2020, expressed concern at the large number of children who are exploited in economic activities, including in hazardous conditions (E/C.12/GIN/CO/1, paragraph 29). The Committee requests the Government to provide information on the capacity-building measures implemented for the OCLCO and OPROGEM with a view to monitoring and combating hazardous work for children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and giving special attention to the situation of girls. Ensuring access to free basic education. Further to its previous comments, the Committee notes the Government’s indications that education is a priority and that measures have been taken to improve the school system, such as recruiting and training teachers, establishing a remote area allowance for teachers, and guaranteeing that studies are free of charge. Moreover, incentive bonuses have been granted to promote the participation of girls in education.

The Committee duly notes the “National policy for literacy and non-formal education” adopted in 2018. The National Directorate for Literacy, Non-Formal Education and the Promotion of National Languages conducted a workshop to validate a strategy paper for the implementation of a literacy programme for 2 million young persons and adults by 2020.

Moreover, the Committee notes the preparation of a sectoral plan for education and training entitled the “Ten-Year Education Programme in Guinea 2020–29”. The current status report on the programme indicates that only two thirds of young persons currently receive six years of schooling. In addition, according to the latest statistics available, for the 2019–20 period the primary school enrolment rate was 78.4 per cent for girls and 93.3 per cent for boys, and the high school completion rate was 16.8 per cent for girls and 28.5 per cent for boys. The Committee requests the Government to continue its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to take steps to increase the school enrolment, attendance and completion rates at both the primary and secondary levels, giving particular attention to the situation of girls. The Committee also requests the Government to continue providing information on the measures taken and the results achieved, including statistics on school enrolment and completion rates.

Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Begging, talibé children, and children working in mines. The Committee noted, according to the Government’s indications in its previous report, that begging undertaken by children remained a major concern in Guinea. It also notes that sections 909–911 of the new Children’s Code prohibit begging by children and that the perpetrators of the use of children for begging are liable to be punished by imprisonment. However, the Committee notes with regret the Government’s indication in its report that no measures have been taken regarding children subjected to forced begging, even though it indicates that certain measures are under consideration.

In this regard, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of February 2019, referred in its recommendations to the consistently high number of children involved in child labour, including the worst forms thereof, and requested the Government to strengthen its measures to combat the economic exploitation of children, in particular those working in mines and begging on the streets, including talibé children (CRC/C/GIN/CO/3-6, paragraph 42). The Committee once again urges the Government to take the necessary time-bound measures to remove children under 18 years of age from begging and to provide information in this regard. The Committee once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age, including talibéchildren, are rehabilitated and socially integrated. It also requests the Government to provide information on the measures taken regarding the situation of children working in mines.

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