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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee previously noted that section 19(2) of Act No. 3 of 2014 (on offences related to money laundering and organized crime) treats as a criminal offence the offering, provision, acceptance, transportation, reception or accommodation of a minor for sexual or labour exploitation, any of which is punishable by imprisonment of eight to 12 years. Section 23 of Act No. 3/14 also establishes penalties for the trafficking of minors to foreign countries for sexual exploitation. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee, however, notes from the concluding observations of June 2018 of the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) that as of March 2018, five investigations concerning the sale of children were initiated (CRC/C/OPSC/AGO/CO/1, paragraph 7). The Committee also notes that section 196 of the new Penal Code No 38 of 2020 provides penalties for the offences related to trafficking of minors under 18 years for sexual exploitation. The Committee requests the Government to provide information on the application in practice of section 196 of the Penal Code of 2020 and sections 19(2) and 23 of the Act No 3 of 2014, indicating the number of prosecutions, convictions and penal sanctions applied for the offences related to the sale and trafficking of children under 18 years for sexual or labour exploitation. It also requests the Government to provide information on the findings of the five cases initiated concerning the sale and trafficking of children under 18 years of age as well as any criminal penalties applied.

2. Children in armed conflict. The Committee notes that the CRC, in its concluding observations of June 2018, on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, expressed concern about the recruitment and use of children above the age of 16 in hostilities by armed forces and non-State armed groups, as well as the recruitment and use of children by private security companies and that such practices are not explicitly prohibited or criminalized. The CRC acknowledged the information that 11 children who had reportedly recruited by militias in the Democratic Republic of the Congo, has been registered. The CRC further noted the practices of abuse of girls as porters, domestic workers or sex slaves in the context of children in armed conflict (CRC/C/OPAC/AGO/CO/1, paragraphs 16 and 20). The Committee requests the Government to take effective measures to prohibit and criminalize the use, procuring or offering of children under 18 years for armed conflict and to ensure that sufficiently effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. The Committee also requests the Government to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Joint Executive Decree No. 171 of 2010, which establishes the activities prohibited to minors, includes the production of pornography.

The Committee notes that the Government has not provided any information relating to the Committee’s previous request concerning the application in practice of Decree No.171 of 2010. The Committee notes that section 198 of the Penal Code of 2020 also provides for penalties of imprisonment for up to ten years for the offences related to the using, promoting, facilitating or allowing minors under 18 years to participate in child pornography or acquiring, holding, offering, distributing, transmitting or broadcasting child pornography. “Child pornography” refers to any pornographic material that represents visually or audibly or virtually or real appearances of persons under 18 years of age in sexually explicit behaviour. The Committee requests the Government to provide information on the application in practice of section 198 of the Penal Code of 2020, indicating the number of prosecutions, convictions and penalties imposed for the offences related to the use, procuring or offering of young persons under the age of 18 years for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Children in street situations. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict had resulted in children living on the streets. The Government indicated that, although the number of street children was decreasing as a result of a relative improvement in the population’s living conditions, a large number of children still lived on the streets. Efforts had been made as part of a specific programme designed to reunite street children with their families of origin or place them in host families, and cooperation had been established between several public partners in order to implement programmes to create and improve private institutions accommodating street children (with integrated education and vocational training activities). It further noted the Government’s indication, in its report to the CRC, that the number of street children had decreased (CRC/C/AGO/5-7, paragraph 175). Noting an absence of information in the Government’s report, the Committee once again requests the Government to intensify its efforts to ensure that children in street situation are protected against the worst forms of child labour and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of street children who have benefited from educational and vocational training programmes in specialized institutions.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Government’s report of 2016 to the United Nations Committee on the Rights of the Child (CRC), that the net enrolment rate in secondary education rose from 48.7 per cent in 2013 to 51.8 per cent in 2014, and that it was expected to rise to 54.8 per cent in 2015 and 57.5 per cent in 2016 (CRC/C/AGO/5-7, page 31). The Committee requested the Government to intensify its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, particularly for children from poor families, children living in rural areas, and girls.

The Committee notes that the Government’s report contain no information on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020–2022, Angola made substantial efforts which resulted in visible progress in primary education registration which increased from 5.8 million to 10 million between 2009 and 2018. However, this report indicates that 40 percent of the children between the ages of 6 and 11 are not at school; 18 per cent of the young population have never been to school; and 19 per cent do not have any level of education. Almost half the population in the age group between 12 and 17 are not satisfactorily in programmes of secondary or vocational education that correspond to their age (pages 25 and 27). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, to all children, particularly at the secondary level. It once again requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in the primary and secondary education. To the extent possible, this information should be disaggregated by age and gender.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. In its previous comments, the Committee noted the Government’s information, in its report of 2016 to the CRC, regarding the existence of a programme for the family reunification and placement in institutions of child victims of sexual exploitation and trafficking. It also noted from this report that the National Development Programme (PND) 2013–17 implemented policies, programmes and actions to eliminate the sale and trafficking of children, as well as child prostitution, and that the National Children’s Institute (INAC) and the National Children’s Council (CNAC) were the agencies responsible for ensuring the implementation of the government policies at the national level in the areas of investigation relating to children and their social protection (CRC/C/OPSC/AGO/1, paragraphs 51, 54 and 56).

The Committee notes that the Government’s report does not contain any information as requested by the Committee regarding the measures taken by the INAC and CNAC in identifying and providing assistance to the child victims of trafficking and sexual exploitation. The Committee, however, notes from the concluding observations of the CRC on the application of the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) of 2018 that an Inter-ministerial Commission to Combat Trafficking in Persons and a child abduction alert system were developed in 2014 and 2017 respectively and a National Action Plan (NAP) to Combat Trafficking in Persons was adopted in 2018. However, the CRC expressed its concern at the prevalence of cases of trafficking in children from and into neighbouring countries, in particular undocumented migrant children from the Democratic Republic of the Congo, for commercial sexual exploitation (in particular of girls) and for forced labour in diamond-mining districts, and of cases of boys trafficked for forced labour, in particular cattle herding. The CRC also expressed concern at the prevalence of sexual exploitation of children in the travel and tourism sectors (CRC/C/OPSC/AGO/CO/1, paragraphs 6, 19(d), and 21). The Committee must express its deep concern at the situation of children trafficked for labour and sexual exploitation. The Committee therefore urges the Government to strengthen its measures, including within the framework of the PND and the NAP to Combat Trafficking in Persons, to prevent children from becoming victims of trafficking and commercial sexual exploitation, to remove child victims from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and the results achieved in terms of the number of children who have been removed and rehabilitated. In this regard, the Committee further requests the Government to indicate the measures taken by the INAC, the CNAC and the Inter-ministerial Commission to Combat Trafficking in Persons in identifying, removing and providing appropriate services and assistance to child victims of worst forms of child labour.

Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted the Government’s indication that a national action plan on OVC was being developed and that the plan sought to strengthen the capacities of families, communities and institutions to respond to the needs of OVC and to expand social protection services and mechanisms for these children. It however noted from the UNAIDS estimates of 2016, that approximately 130,000 children aged 17 years and younger had been orphaned by HIV/AIDs in Angola.

The Committee notes that the Government’s report does not contain any information on this matter. It notes that according to the UNAIDS estimates for 2020, the number of children under 17 years who have been orphaned due to HIV AIDS in Angola has doubled, to approximately 260,000 children. Recalling that OVC are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to take immediate and effective measures, as part of the national action plan on OVC, to ensure that HIV/AIDS orphans and OVC are protected from the worst forms of child labour. The Committee requests the Government to provide information on the specific measures taken in this respect and on the results achieved.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that there are children in Angola who are engaged in the worst forms of child labour, such as those who perform hazardous types of work (in the diamond mines and in the fishing industry).

The Committee notes that the Government has not provided any information on the measures taken to protect children from these worst forms of child labour. The Committee notes that the Human Rights Committee, in its concluding observations of May 2019, expressed concern at the insufficient efforts to tackle child labour, particularly in the mining sector (CCPR/C/AGO/CO/2, paragraph 33). The Committee urges the Government to intensify its efforts to ensure that children are protected in practice against the worst forms of child labour, particularly in hazardous work. It also requests the Government to take the necessary measures to ensure the availability of sufficient data on these issues and to provide information on the nature and scope of, and trends on the worst forms of child labour and on the number of children covered by measures giving effect to the Convention. To the extent possible, this information should be disaggregated by gender and age.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that section 19(2) of Act No. 3 of 2014 (on offences related to money laundering and organized crime) treats as a criminal offence the offering, provision, acceptance, transportation, reception or accommodation of a minor for sexual or labour exploitation, any of which is punishable by imprisonment of eight to 12 years. Section 23 of Act No. 3/14 also establishes penalties for the trafficking of minors to foreign countries for sexual exploitation.

The Committee notes that the Government’s report does not contain any information relating to its previous requests. It therefore requests the Government once again to provide information on the application in practice of sections 19(2) and 23 of Act No. 3/14 on the trafficking of young persons under the age of 18 years for sexual or labour exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the Joint Executive Decree No. 171 of 2010, which establishes the activities prohibited to minors, includes the production of pornography. It requested the Government to provide information on the application in practice of the Decree.

The Committee notes that the Government’s report does not contain any information on the application in practice of the Decree. It therefore requests the Government once again to provide information on the application in practice of Decree No. 171/10 in relation to the use, procuring or offering of young persons under the age of 18 years for the production of pornography or for pornographic performances and, in particular, on the number of reported violations of this nature and the penalties applied.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication that the abduction of children had begun during the armed conflict and that at the end of the conflict a child protection programme had been established, enabling thousands of children, particularly girl victims of sexual exploitation and slavery, to be placed in reception centres and camps for displaced persons and refugees. The Committee noted information from ILO–IPEC indicating that the sexual and economic exploitation of girls and boys, and in particular the trafficking of children in certain parts of the country, had become a significant problem.

The Committee notes that once again the Government’s report does not contain sufficient information on this subject. It nevertheless notes that the Government, in its 2016 report to the Committee on the Rights of the Child (CRC), refers to the existence of a programme for the family reunification and placement in institutions of child victims of sexual exploitation and trafficking. The Committee also notes that the National Children’s Institute (INAC) and the National Children’s Council (CNAC) are responsible for, inter alia, ensuring that government policies are implemented at the national level in the areas of investigation relating to children and their social protection. Lastly, the Committee notes that, according to the Government, the National Development Programme (PND) 2013–17 has implemented policies, programmes and actions to eliminate the sale and trafficking of children, as well as child prostitution (CRC/C/OPSC/AGO/1, paragraphs 51, 54 and 56). The Committee requests the Government to indicate the measures taken by the INAC and the CNAC to ensure that child victims of trafficking and commercial sexual exploitation are identified and referred to the appropriate services for their rehabilitation and social integration. It also requests the Government to provide information on the measures taken under the PND to ensure the protection and rehabilitation of child victims of commercial sexual exploitation and on the results achieved in this regard.

Clause (d). Children in street situations. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict had resulted in children living on the streets. The Government indicated that, although the number of street children was decreasing as a result of a relative improvement in the population’s living conditions, a large number of children still lived on the streets. Efforts had been made as part of a specific programme designed to reunite street children with their families of origin or place them in host families, with the programme providing care for unaccompanied children in temporary institutions and children reunited with their families. The Government added that cooperation had been established between several public partners in order to implement programmes to create and improve private institutions accommodating street children (with integrated education and vocational training activities).

The Committee notes that the Government’s report does not contain any information on this subject. It nevertheless notes that the Government, in its report to the CRC, indicates that the number of street children has decreased (CRC/C/AGO/5-7, paragraph 175). Recalling that children in street situations are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to intensify its efforts to ensure that these children are protected against the worst forms of child labour and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of street children who have benefited from educational and vocational training programmes in specialized institutions.

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

Angola (ratification: 2001)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted information from UNESCO indicating that, despite the problems caused by a particularly long and bloody conflict, Angola managed to triple the number of children enrolled in primary education, which rose from 2 million to 6 million between 2002 and 2013. The Committee nevertheless noted the very low school enrolment rates at all levels, the high drop-out rates in primary education (30 per cent), particularly among girls, and the limited access to quality education in rural areas.

The Committee notes that the Government’s report does not provide any new information on this subject. It nevertheless notes that, in the Government’s report of 2016 to the United Nations Committee on the Rights of the Child, the net enrolment rate in secondary education rose from 48.7 per cent in 2013 to 51.8 per cent in 2014, and that it was expected to rise to 54.8 per cent in 2015 and 57.5 per cent in 2016 (CRC/C/AGO/5-7, page 31). While noting the increase in the enrolment rate at the secondary level, the Committee recalls that education is one of the most effective means to prevent the engagement of children in the worst forms of child labour, and therefore requests the Government once again to intensify its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, particularly for children from poor families, children living in rural areas, and girls. It once again requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education. To the extent possible, this information should be disaggregated by age and by gender.

Article 7(2). Effective and time-bound measures. Clause (d). HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted information from the Government indicating a rise in the number of OVCs in the country. It also noted the Government’s indication that a national action plan on OVCs was being developed and that the plan sought to strengthen the capacities of families, communities and institutions to respond to the needs of OVCs and to expand social protection services and mechanisms for these children. It nevertheless noted the Government’s indication in its country progress report to the United Nations General Assembly Special Session on HIV/AIDS (UNGASS) that only 16.8 per cent of households with OVCs receive basic external support.

The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that, in Angola, according to estimates made by UNAIDS in 2016, approximately 130,000 children aged 17 years and younger had been orphaned by HIV/AIDs. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take immediate and effective measures, as part of the national action plan on OVCs, to ensure that HIV/AIDS orphans and OVCs are protected from the worst forms of child labour. The Committee once again requests the Government to provide information on the specific measures taken in this respect and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support in the form of services and allowances.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that there are children in Angola who are engaged in the worst forms of child labour, such as those who perform hazardous types of work (in the diamond mines and in the fishing industry), those who work on the streets or even some who are subjected to commercial sexual exploitation. The Government added that, because of its particularly long and difficult-to-monitor border with the Democratic Republic of the Congo, Angolan children were taken from the capital and sent to the Democratic Republic of the Congo and, likewise, Congolese children were taken from Kinshasa and brought to Angola.

The Committee notes that the Government’s report does not contain any information on this subject. The Committee once again expresses its deep concern at the situation of persons under the age of 18 years who are engaged in the worst forms of child labour and therefore urges the Government to intensify its efforts to ensure that children are protected in practice against the worst forms of child labour, particularly the trafficking and commercial sexual exploitation of children, their use for illicit activities, or for hazardous work. It also requests the Government to take the necessary measures to ensure the availability of sufficient data on these issues and to provide information on the nature and scope of, and trends in, the worst forms of child labour and on the number of children covered by measures giving effect to the Convention. To the extent possible, this information should be disaggregated by gender and age.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. The Committee therefore urged the Government to take the necessary measures to ensure that the forthcoming Penal Code includes a prohibition on using, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

The Committee notes with interest that the Joint Executive Decree No. 171 of 2010 which contains activities prohibited for minors include production of pornographic materials. The Committee requests the Government to provide information on the application in practice of Decree No. 171/10 with regard to the use, procuring or offering of minors under the age of 18 years for the production of pornography or for pornographic performances, including the number of such violations reported and penalties applied.

Article 7(2). Effective and time-bound measures. Clause (d). Identification of children at special risk. Former child soldiers and children displaced as a result of the conflicts. In its previous comments, the Committee noted the Government’s indication that, following the end of the war in 2002, the return and reintegration of people directly affected by the conflict (including displaced children and former soldiers) was a priority for the Government. The Government indicated that there were approximately 4 million displaced persons, of which 40 per cent were children. It also noted the Government’s information that a series of programmes were carried out by the Cabinda provincial government to provide special services to children in the context of reintegrating the vulnerable groups directly affected by the armed conflict, including a training package in various vocational skills, life skills based on micro-lending, child protection and primary health care. Noting the absence of information on this point, the Committee once again requests the Government to strengthen its efforts with regard to rehabilitating and reintegrating children affected by the conflict, including former child soldiers. It also requests the Government to provide information on the number of children reached through the measures taken in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children.

The Committee notes with satisfaction that section 19(2) of Law No. 3 of 2014 (on offences related to money laundering and organized crime) makes it an offence to offer, deliver, accept, transport, receive or accommodate a minor for purposes of sexual or labour exploitation with penalties of imprisonment ranging between 8 to 12 years. Section 23 of Law No. 3/2014 further provides for penalties for trafficking of minors abroad for sexual exploitation. The Committee requests the Government to provide information on the application in practice of sections 19(2) and 23 of Law No. 3/14 with regard to the trafficking of minors under the age of 18 years for sexual or labour exploitation.

Article 4(1). Determination of hazardous types of employment or work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

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 previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted the Government’s indication that although the number of students attending primary school rose, there are high student failure and drop-out rates in the country and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade.

The Committee notes the information from UNESCO that despite the challenges emerging from a long and bloody war, Angola managed to triple the number of children in primary education from 2 to 6 million from 2002 to 2013. However, this excellent progress in access to primary education is marred by a low survival rate at primary level. Only a little over 30 per cent of school children achieve primary education, which is extremely low compared to the African average of 63 per cent. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 15 July 2016, expressed concern at the low enrolment rates at all school levels, high dropout rates at primary level, particularly among girls and the limited access to quality education in rural areas (E/C.12/AGO/CO/4-5; paragraph 53). While noting the progress made with regard to access to primary education, the Committee expresses its concern at the low enrolment and completion rates at primary level and at the situation of several vulnerable groups of children who are less likely to attend and complete school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to free basic education, particularly for children from poor families, rural areas and girls. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. It further noted that the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and preventing the social exclusion of these child victims was being revised.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and ensuring that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved. It also requests the Government to indicate whether the NPAI SCEC has been revised and to provide information on the measures taken, within its framework, to protect and rehabilitate child victims of commercial sexual exploitation.

Clause (d). 1. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. It also noted the Government’s statement that although there had been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, there remains a significant number of street children. Efforts were made to reintegrate street children into their biological families, or to place them in foster families, through the Family Tracing and Reunification Programme, which provided support to separated children in temporary institutions and reunited children with their families. The Government further indicated that cooperation was ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes).

The Committee notes that the Government’s report does not contain any information on this point. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to redouble its efforts to protect street children from the worst forms, and to provide for their rehabilitation and social reintegration. The Committee also requests the Government to provide information on the number of street children who have been provided with educational and vocational training opportunities in children’s institutions.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the Government’s information that the number of OVCs in Angola was rising. It also noted the Government’s indication that a National Action Plan for OVCs due to HIV/AIDS was under preparation, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children. However, it noted the Government’s indication in its Country Progress Report to UNGASS that only 16.8 per cent of households with OVCs received basic external support.

The Committee observes that the Government’s report does not contain any information on this point. The Committee notes that according to the 2015 estimates of the UNAIDS, the number of orphans due to AIDS aged up to 17 years is approximately 130,000. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation and trafficking. The Government stated that child trafficking was difficult to control due to the vast border and that Angolan children were taken from the capital city of the country and brought to the Democratic Republic of the Congo and that Congolese children were trafficked from Kinshasa into Angola.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour is available, and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

The Committee notes with regret that the Government’s report has not been received. Noting the adoption of the new General Labour Act No. 7/15 of 15 June 2015, the Committee 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 specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.

Repetition

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC TACKLE Project. The Committee previously noted that Angola is implementing the ILO–IPEC “Tackle child labour through education” (TACKLE Project), which aims to strengthen the capacity of the national and local authorities in the formulation, implementation and enforcement of policies to fight child labour. The Committee notes the information in the ILO–IPEC Technical Progress Report for the TACKLE Project of March 2010 (TACKLE Project TPR) that the National Steering Committee for the Project was established at the beginning of 2010. The TACKLE Project TPR indicates that consultations for the Project’s implementation are ongoing, and that debate on the legal framework for child protection has begun. The Committee encourages the Government to continue its collaboration with ILO–IPEC on the TACKLE Project, and to provide information on the results achieved, particularly the number of children working in, or vulnerable to, the worst forms of child labour who have been reached through its implementation.

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

The Committee notes with regret that the Government’s report has not been received. Noting the adoption of the new General Labour Act No. 7/15 of 15 June 2015, the Committee 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 specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the indication of the National Union of Angolan Workers (UNTA) that cases of child trafficking existed in the country. It also noted that the Committee on the Rights of the Child (CRC) expressed concern about the extent of the problem of sexual exploitation and trafficking of children. The Committee further noted that, although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children. In this regard, the Committee noted that section 183 of the draft Penal Code (finalized in 2006) prohibited recruiting or receiving persons under 18 for the exercise of prostitution in a foreign country. The Committee observed that while the draft Penal Code prohibited some types of child trafficking, it did not prohibit the sale and trafficking of children for labour exploitation, nor internal trafficking.

The Committee notes that article 12 of the new Constitution of Angola (2010) states that the Government shall respect and implement the principles of the UN Charter on the basis of, inter alia, repudiating human trafficking. However, the Committee observes, that article 12 does not specifically prohibit and penalize human trafficking. The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that trafficking is not defined in national legislation, and that the prevention and mitigation of the phenomenon requires, inter alia, legislative reform (CRC/C/AGO/2-4, paragraph 175). The Committee further notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the draft Penal Code has been submitted to Parliament for discussion and approval (CRC/C/AGO/Q/2 4/Add.1, paragraphs 60 and 61). The Committee notes an absence of information in the Government’s report as to whether this draft Penal Code has been modified to include internal trafficking or trafficking of children for the purpose of labour exploitation. The Committee urges the Government to take the necessary measures to ensure that provisions prohibiting both the internal trafficking of children under 18 years and their sale and trafficking for the purpose of labour exploitation are included in national legislation, and to establish penalties in this regard, as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. It reminded the Government that, by virtue of Article 3(b) of the Convention, each Member which ratifies the Convention shall prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the draft Penal Code is still under discussion by Parliament. The Committee therefore urges the Government to take the necessary measures to ensure that the forthcoming Penal Code includes a prohibition on using, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. It requests the Government to provide a copy of the amended Penal Code, once adopted.

Article 4(1). Determination of hazardous types of employment or work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that while section 284(1) of Act No. 2/00 prohibits the employment of minors in hazardous work, pursuant to section 284(2), this prohibition only includes employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products.

The Committee observes that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appears to encompass only types of work which may harm the morals of children, and does not address types of work which may harm their health or safety. In this regard, the Committee once again reminds the Government that pursuant to Article 4(1) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. With regard to types of work that may be harmful to the health and safety of children, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 identifying cases of children engaged in hazardous activities and exploitative work such as work in high-seas fishing in the Namibe province, in diamond mines, in border localities, in markets and in bus terminals (CRC/C/AGO/2 4, paragraph 432). The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that in determining the types of hazardous work prohibited to minors, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore requests the Government to take the necessary measures to ensure that the determination of the types of hazardous work prohibited to minors includes not only a prohibition against types of work that are harmful to a child’s morals, but also a prohibition against types of work that are harmful to their health and safety, in conformity with Article 4(1) of the Convention. It hopes that, in this regard, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the UNTA’s indication that cases of children working in the informal sector had been reported. It also noted, in its comments under the Labour Inspection Convention, 1947 (No. 81), that most working minors are engaged in the informal economy.

The Committee notes the Government’s statement, in its communication of 2 June 2009 regarding the comments of the UNTA, that efforts to monitor the informal sector are being made by the labour inspectorate and that provincial monitoring units are also involved in monitoring this sector. The Government further indicates that, despite efforts towards the formalization of this sector, the informal sector will not disappear any time soon. The Committee therefore requests the Government to take the necessary measures to strengthen and adapt the capacity of the labour inspection and provincial monitoring units to improve the monitoring of children working in the informal economy. It requests the Government to provide information on the measures taken in this respect with regard to combating the worst forms of child labour in the informal sector, and on the results achieved.

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 previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted that Angola was implementing, in collaboration with UNESCO, a National Plan of Action for Education for All (2001–15) (NPA EFA) and that measures had been taken within the framework of the reform of the education system.

The Committee notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the Ministry of Education has developed a series of actions for the mid-term assessment of the NPA EFA (CRC/C/AGO/Q/2 4/Add.1, paragraph 35). The Committee also notes the Government’s indication in its report to the CRC of 26 February 2010 that it has begun implementation of a literacy and catch-up strategy (2006–15), in partnership with UNICEF, which seeks to accelerate learning with the use of self teaching and the certification of skills acquired in various contexts of formal and informal education (CRC/C/AGO/2-4, paragraph 354). The Government also indicates that the number of students attending primary school rose between 2004 and 2006, although, due to the lasting effects of armed conflict, the growth was higher in the inland provinces than in the coastal provinces, and that the gender disparity in enrolment rates persisted (CRC/C/AGO/2-4, paragraphs 338 and 339). The Government further indicates in this report that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2-4, paragraph 344).

In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 1 December 2008, expressed its concern at the limited access to education for groups such as children from rural areas and poor families and girls. The CESCR also expressed its concern that budgetary allocations were not sufficient to meet the rising number of children of school age, and the lack of schools and trained teachers, particularly in remote areas and in slum settlements (E/C.12/AGO/CO/3, paragraphs 38 and 39). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern that children from several vulnerable groups are less likely to attend and complete school. The Committee requests the Government to redouble its efforts, within the framework of the NPA EFA, to strengthen the functioning of the education system and to facilitate access to free basic education, particularly for children in remote areas and conflict affected regions, in addition, to children from poor families, rural areas and girls. The Committee also requests the Government to provide information on the outcome of the assessment of the NPA EFA, and the subsequent measures taken to strengthen this plan. Lastly, the Committee encourages the Government to pursue its efforts to provide informal educational opportunities and vocational training to children who are not enrolled in formal schooling.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication in its report to the CRC in August 2004 (CRC/C/3/Add.66, paragraph 250) that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. In this regard, the Committee noted that the Government had formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and rehabilitating and preventing the social exclusion of these child victims.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that the NPAI SCEC has not been implemented with the required efficiency (CRC/C/AGO/2-4, paragraph 189). The Government indicates in this report that the NPAI SCEC proved unsuitable for the current context, and that there is an urgent need to revise it (CRC/C/AGO/2-4, paragraph 432). The Government indicates that the National Childs Council (INAC) is in the process of evaluating the NPAI SCEC’s implementation, with the goal of strengthening the strategy (CRC/C/AGO/2-4, paragraphs 432 and 412).

The Committee also notes the information in the Trafficking Report that while the Government mainly relies upon religious, civil society, and international organizations to protect and assist victims of trafficking, there has been an increase in the number of victims referred to these services by the Government. This report further indicates that, in partnership with UNICEF, the INAC operates 18 child protection networks, which serve as crisis centres for victims of trafficking and other crimes who are between the ages of 9 and 16, and that victims over 16 are referred to shelters run by the Organization of Angolan Women. The Committee strongly requests the Government to take immediate measures to revise and strengthen the NPAI SCEC to ensure its effective implementation, with child participation, particularly with regard to initiatives targeting child victims of commercial sexual exploitation. The Committee also urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and to ensure that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee previously noted that the CRC expressed deep concern that inadequate attention was being given to the plight of former child soldiers, particularly girls. The Committee also noted that the Special Representative of the Secretary-General for Children and Armed Conflict expressed concern over the large numbers and appalling conditions of internally displaced children. It noted the ILO–IPEC information that over 100,000 children were separated from their families as a result of war. In this regard, it noted that the Government had implemented a programme for the reintegration of demobilized minors in eight provinces and that the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006.

The Committee notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that, following the end of the war in 2002, the return and reintegration of people directly affected by the conflict (including displaced children and former soldiers) was a priority for the Government. The Government indicates that there were approximately 4 million displaced persons, of which 40 per cent were children (CRC/C/AGO/Q/2-4/Add.1, paragraph 38). The Government also indicates in its report to the CRC of 26 February 2010 that it is implementing a programme to return and resettle the displaced populations, refugees and other persons directly affected by the armed conflict, with special attention to children. The Government’s report to the CRC also indicates that the Cabinda provincial government carried out a series of programmes to provide special services to children in the context of reintegrating the vulnerable groups directly affected by the armed conflict. This project to support the reintegration of vulnerable groups includes a training package in various vocational skills (such as cooking, sewing and embroidery), life skills based on micro-lending, child protection and primary health care (CRC/C/AGO/2-4, paragraphs 368 and 369). The Committee requests the Government to strengthen its efforts with regard to rehabilitating and reintegrating children affected by the conflict, including former child soldiers. It requests the Government to provide information on the number of children reached through the measures taken in this regard.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. The Committee also noted that the Government had set up hostels with the aim of getting these children off the streets, in addition to plans to build 600 regional reception centres for children in need of protection. However, the Committee noted a report indicating that at least 10,000 children work on the streets in the capital city of Luanda, and noted the Government’s indication that street children are also found in other large cities, such as Benguela, Lobito, Lubango and Malang.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that there has been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, but that there remains a significant number of street children (CRC/C/AGO/2 4, paragraph 397). The Committee also notes the Government’s indication in this report that efforts are made to reintegrate street children into their biological families, or to place them in foster families. This is done through the Family Tracing and Reunification Programme, which provides support to separated children in temporary institutions and reunites children with their families. The Government also indicates that while the factors contributing to the phenomenon of street children have not been eliminated, 1,545 street children have been picked up and hosted in Casa Pia de Luanda (a children’s home), in an effort to reintegrate these children with their families. The Government further indicates that cooperation is ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes) (CRC/C/AGO/2-4, paragraphs 398–401).

The Committee further notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that some children working and living in the street were provided with social reintegration services: 239 street children in 2007, 240 such children in 2008 and 260 such children in 2009. Almost all of these children were boys (CRC/C/AGO/Q/2-4/Add.1, page 14. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee also requests the Government to provide information on the number of street child who have been provided with educational and vocational training opportunities in children’s institutions.

3. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the information in the Government’s report to the CRC of 26 February 2010 that the number of OVCs could reach approximately 200,000 by 2010 and that the number of OVCs in Angola is rising (CRC/C/AGO/2-4, paragraphs 263–264). The Government also indicates in this report that it began preparing, in 2007, a National Action Plan for OVCs due to HIV/AIDS, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children (CRC/C/AGO/2 4, paragraphs 261 and 374). The Government further indicates that the number of survival grants given to OVCs is rising (CRC/C/AGO/2 4, paragraph 50). However, the Committee notes the Government’s indication in its Country Progress Report to UNGASS of March 2010 that only 16.8 per cent of households with OVCs receive basic external support. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation (CRC/C/AGO/2-4, paragraph 432). The Committee also notes the Government’s information on this report that 20 child victims of trafficking were identified by law enforcement officials in 2007 and that there have been clear cases of child trafficking in the Zaire Province. The Government states in this report that child trafficking is difficult to control due to the vast border and that Angolan children are taken from the capital city of the country and brought to the DRC and that Congolese children are trafficked from Kinshasa into Angola (paragraphs 172–175). While noting the difficult situation prevailing in the country, the Committee expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour are available, and to provide information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex and age.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC TACKLE Project. The Committee previously noted that Angola is implementing the ILO–IPEC “Tackle child labour through education” (TACKLE Project), which aims to strengthen the capacity of the national and local authorities in the formulation, implementation and enforcement of policies to fight child labour. The Committee notes the information in the ILO–IPEC Technical Progress Report for the TACKLE Project of March 2010 (TACKLE Project TPR) that the National Steering Committee for the Project was established at the beginning of 2010. The TACKLE Project TPR indicates that consultations for the Project’s implementation are ongoing, and that debate on the legal framework for child protection has begun. The Committee encourages the Government to continue its collaboration with ILO–IPEC on the TACKLE Project, and to provide information on the results achieved, particularly the number of children working in, or vulnerable to, the worst forms of child labour who have been reached through its implementation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the indication of the National Union of Angolan Workers (UNTA) that cases of child trafficking existed in the country. It also noted that the Committee on the Rights of the Child (CRC) expressed concern about the extent of the problem of sexual exploitation and trafficking of children. The Committee further noted that, although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children. In this regard, the Committee noted that section 183 of the draft Penal Code (finalized in 2006) prohibited recruiting or receiving persons under 18 for the exercise of prostitution in a foreign country. The Committee observed that while the draft Penal Code prohibited some types of child trafficking, it did not prohibit the sale and trafficking of children for labour exploitation, nor internal trafficking.

The Committee notes that article 12 of the new Constitution of Angola (2010) states that the Government shall respect and implement the principles of the UN Charter on the basis of, inter alia, repudiating human trafficking. However, the Committee observes, that article 12 does not specifically prohibit and penalize human trafficking. The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that trafficking is not defined in national legislation, and that the prevention and mitigation of the phenomenon requires, inter alia, legislative reform (CRC/C/AGO/2-4, paragraph 175). The Committee further notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the draft Penal Code has been submitted to Parliament for discussion and approval (CRC/C/AGO/Q/2 4/Add.1, paragraphs 60 and 61). The Committee notes an absence of information in the Government’s report as to whether this draft Penal Code has been modified to include internal trafficking or trafficking of children for the purpose of labour exploitation. The Committee urges the Government to take the necessary measures to ensure that provisions prohibiting both the internal trafficking of children under 18 years and their sale and trafficking for the purpose of labour exploitation are included in national legislation, and to establish penalties in this regard, as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. It reminded the Government that, by virtue of Article 3(b) of the Convention, each Member which ratifies the Convention shall prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the draft Penal Code is still under discussion by Parliament. The Committee therefore urges the Government to take the necessary measures to ensure that the forthcoming Penal Code includes a prohibition on using, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. It requests the Government to provide a copy of the amended Penal Code, once adopted.

Article 4(1). Determination of hazardous types of employment or work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that while section 284(1) of Act No. 2/00 prohibits the employment of minors in hazardous work, pursuant to section 284(2), this prohibition only includes employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products.

The Committee observes that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appears to encompass only types of work which may harm the morals of children, and does not address types of work which may harm their health or safety. In this regard, the Committee once again reminds the Government that pursuant to Article 4(1) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. With regard to types of work that may be harmful to the health and safety of children, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 identifying cases of children engaged in hazardous activities and exploitative work such as work in high-seas fishing in the Namibe province, in diamond mines, in border localities, in markets and in bus terminals (CRC/C/AGO/2 4, paragraph 432). The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that in determining the types of hazardous work prohibited to minors, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore requests the Government to take the necessary measures to ensure that the determination of the types of hazardous work prohibited to minors includes not only a prohibition against types of work that are harmful to a child’s morals, but also a prohibition against types of work that are harmful to their health and safety, in conformity with Article 4(1) of the Convention. It hopes that, in this regard, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the UNTA’s indication that cases of children working in the informal sector had been reported. It also noted, in its comments under the Labour Inspection Convention, 1947 (No. 81), that most working minors are engaged in the informal economy.

The Committee notes the Government’s statement, in its communication of 2 June 2009 regarding the comments of the UNTA, that efforts to monitor the informal sector are being made by the labour inspectorate and that provincial monitoring units are also involved in monitoring this sector. The Government further indicates that, despite efforts towards the formalization of this sector, the informal sector will not disappear any time soon. The Committee therefore requests the Government to take the necessary measures to strengthen and adapt the capacity of the labour inspection and provincial monitoring units to improve the monitoring of children working in the informal economy. It requests the Government to provide information on the measures taken in this respect with regard to combating the worst forms of child labour in the informal sector, and on the results achieved.

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 previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted that Angola was implementing, in collaboration with UNESCO, a National Plan of Action for Education for All (2001–15) (NPA EFA) and that measures had been taken within the framework of the reform of the education system.

The Committee notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the Ministry of Education has developed a series of actions for the mid-term assessment of the NPA EFA (CRC/C/AGO/Q/2 4/Add.1, paragraph 35). The Committee also notes the Government’s indication in its report to the CRC of 26 February 2010 that it has begun implementation of a literacy and catch-up strategy (2006–15), in partnership with UNICEF, which seeks to accelerate learning with the use of self teaching and the certification of skills acquired in various contexts of formal and informal education (CRC/C/AGO/2-4, paragraph 354). The Government also indicates that the number of students attending primary school rose between 2004 and 2006, although, due to the lasting effects of armed conflict, the growth was higher in the inland provinces than in the coastal provinces, and that the gender disparity in enrolment rates persisted (CRC/C/AGO/2-4, paragraphs 338 and 339). The Government further indicates in this report that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2-4, paragraph 344).

In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 1 December 2008, expressed its concern at the limited access to education for groups such as children from rural areas and poor families and girls. The CESCR also expressed its concern that budgetary allocations were not sufficient to meet the rising number of children of school age, and the lack of schools and trained teachers, particularly in remote areas and in slum settlements (E/C.12/AGO/CO/3, paragraphs 38 and 39). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern that children from several vulnerable groups are less likely to attend and complete school. The Committee requests the Government to redouble its efforts, within the framework of the NPA EFA, to strengthen the functioning of the education system and to facilitate access to free basic education, particularly for children in remote areas and conflict affected regions, in addition, to children from poor families, rural areas and girls. The Committee also requests the Government to provide information on the outcome of the assessment of the NPA EFA, and the subsequent measures taken to strengthen this plan. Lastly, the Committee encourages the Government to pursue its efforts to provide informal educational opportunities and vocational training to children who are not enrolled in formal schooling.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication in its report to the CRC in August 2004 (CRC/C/3/Add.66, paragraph 250) that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. In this regard, the Committee noted that the Government had formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and rehabilitating and preventing the social exclusion of these child victims.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that the NPAI SCEC has not been implemented with the required efficiency (CRC/C/AGO/2-4, paragraph 189). The Government indicates in this report that the NPAI SCEC proved unsuitable for the current context, and that there is an urgent need to revise it (CRC/C/AGO/2-4, paragraph 432). The Government indicates that the National Childs Council (INAC) is in the process of evaluating the NPAI SCEC’s implementation, with the goal of strengthening the strategy (CRC/C/AGO/2-4, paragraphs 432 and 412).

The Committee also notes the information in the Trafficking Report that while the Government mainly relies upon religious, civil society, and international organizations to protect and assist victims of trafficking, there has been an increase in the number of victims referred to these services by the Government. This report further indicates that, in partnership with UNICEF, the INAC operates 18 child protection networks, which serve as crisis centres for victims of trafficking and other crimes who are between the ages of 9 and 16, and that victims over 16 are referred to shelters run by the Organization of Angolan Women. The Committee strongly requests the Government to take immediate measures to revise and strengthen the NPAI SCEC to ensure its effective implementation, with child participation, particularly with regard to initiatives targeting child victims of commercial sexual exploitation. The Committee also urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and to ensure that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee previously noted that the CRC expressed deep concern that inadequate attention was being given to the plight of former child soldiers, particularly girls. The Committee also noted that the Special Representative of the Secretary-General for Children and Armed Conflict expressed concern over the large numbers and appalling conditions of internally displaced children. It noted the ILO–IPEC information that over 100,000 children were separated from their families as a result of war. In this regard, it noted that the Government had implemented a programme for the reintegration of demobilized minors in eight provinces and that the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006.

The Committee notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that, following the end of the war in 2002, the return and reintegration of people directly affected by the conflict (including displaced children and former soldiers) was a priority for the Government. The Government indicates that there were approximately 4 million displaced persons, of which 40 per cent were children (CRC/C/AGO/Q/2-4/Add.1, paragraph 38). The Government also indicates in its report to the CRC of 26 February 2010 that it is implementing a programme to return and resettle the displaced populations, refugees and other persons directly affected by the armed conflict, with special attention to children. The Government’s report to the CRC also indicates that the Cabinda provincial government carried out a series of programmes to provide special services to children in the context of reintegrating the vulnerable groups directly affected by the armed conflict. This project to support the reintegration of vulnerable groups includes a training package in various vocational skills (such as cooking, sewing and embroidery), life skills based on micro-lending, child protection and primary health care (CRC/C/AGO/2-4, paragraphs 368 and 369). The Committee requests the Government to strengthen its efforts with regard to rehabilitating and reintegrating children affected by the conflict, including former child soldiers. It requests the Government to provide information on the number of children reached through the measures taken in this regard.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. The Committee also noted that the Government had set up hostels with the aim of getting these children off the streets, in addition to plans to build 600 regional reception centres for children in need of protection. However, the Committee noted a report indicating that at least 10,000 children work on the streets in the capital city of Luanda, and noted the Government’s indication that street children are also found in other large cities, such as Benguela, Lobito, Lubango and Malang.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that there has been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, but that there remains a significant number of street children (CRC/C/AGO/2 4, paragraph 397). The Committee also notes the Government’s indication in this report that efforts are made to reintegrate street children into their biological families, or to place them in foster families. This is done through the Family Tracing and Reunification Programme, which provides support to separated children in temporary institutions and reunites children with their families. The Government also indicates that while the factors contributing to the phenomenon of street children have not been eliminated, 1,545 street children have been picked up and hosted in Casa Pia de Luanda (a children’s home), in an effort to reintegrate these children with their families. The Government further indicates that cooperation is ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes) (CRC/C/AGO/2-4, paragraphs 398–401).

The Committee further notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that some children working and living in the street were provided with social reintegration services: 239 street children in 2007, 240 such children in 2008 and 260 such children in 2009. Almost all of these children were boys (CRC/C/AGO/Q/2-4/Add.1, page 14. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee also requests the Government to provide information on the number of street child who have been provided with educational and vocational training opportunities in children’s institutions.

3. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the information in the Government’s report to the CRC of 26 February 2010 that the number of OVCs could reach approximately 200,000 by 2010 and that the number of OVCs in Angola is rising (CRC/C/AGO/2-4, paragraphs 263–264). The Government also indicates in this report that it began preparing, in 2007, a National Action Plan for OVCs due to HIV/AIDS, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children (CRC/C/AGO/2 4, paragraphs 261 and 374). The Government further indicates that the number of survival grants given to OVCs is rising (CRC/C/AGO/2 4, paragraph 50). However, the Committee notes the Government’s indication in its Country Progress Report to UNGASS of March 2010 that only 16.8 per cent of households with OVCs receive basic external support. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation (CRC/C/AGO/2-4, paragraph 432). The Committee also notes the Government’s information on this report that 20 child victims of trafficking were identified by law enforcement officials in 2007 and that there have been clear cases of child trafficking in the Zaire Province. The Government states in this report that child trafficking is difficult to control due to the vast border and that Angolan children are taken from the capital city of the country and brought to the DRC and that Congolese children are trafficked from Kinshasa into Angola (paragraphs 172–175). While noting the difficult situation prevailing in the country, the Committee expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour are available, and to provide information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee noted that pursuant to section 284(1) of the General Labour Act of 2000 (Act No. 2/00), “minors” may not be engaged in work which is hazardous to their physical, mental and moral development. The Committee requested the Government to indicate the definition of the term “minor” contained in this section.

The Committee observes that, when not otherwise specifically indicated in the Act, the term “minor” in Act No. 2/00 appears to refer to all persons under 18 years: the provisions in Act No. 2/00 concerning the juridical capacity of minors (section 11), the medical examination of minors (section 285), hours of work for minors (section 287) and remuneration for minors (section 286) all refer to “minors” as persons up to the age of 18. The Committee therefore observes that the term “minor” in section 284(1) of Act No. 2/00 appears to refer to all persons under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC TACKLE Project. The Committee previously noted that Angola is implementing the ILO–IPEC “Tackle child labour through education” (TACKLE Project), which aims to strengthen the capacity of the national and local authorities in the formulation, implementation and enforcement of policies to fight child labour. The Committee notes the information in the ILO–IPEC Technical Progress Report for the TACKLE Project of March 2010 (TACKLE Project TPR) that the National Steering Committee for the Project was established at the beginning of 2010. The TACKLE Project TPR indicates that consultations for the Project’s implementation are ongoing, and that debate on the legal framework for child protection has begun. The Committee encourages the Government to continue its collaboration with ILO–IPEC on the TACKLE Project, and to provide information on the results achieved, particularly the number of children working in, or vulnerable to, the worst forms of child labour who have been reached through its implementation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the indication of the National Union of Angolan Workers (UNTA) that cases of child trafficking existed in the country. It also noted that the Committee on the Rights of the Child (CRC) expressed concern about the extent of the problem of sexual exploitation and trafficking of children. The Committee further noted that, although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children. In this regard, the Committee noted that section 183 of the draft Penal Code (finalized in 2006) prohibited recruiting or receiving persons under 18 for the exercise of prostitution in a foreign country. The Committee observed that while the draft Penal Code prohibited some types of child trafficking, it did not prohibit the sale and trafficking of children for labour exploitation, nor internal trafficking.

The Committee notes that article 12 of the new Constitution of Angola (2010) states that the Government shall respect and implement the principles of the UN Charter on the basis of, inter alia, repudiating human trafficking. However, the Committee observes, that article 12 does not specifically prohibit and penalize human trafficking. The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that trafficking is not defined in national legislation, and that the prevention and mitigation of the phenomenon requires, inter alia, legislative reform (CRC/C/AGO/2-4 paragraph 175). The Committee further notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the draft Penal Code has been submitted to Parliament for discussion and approval (CRC/C/AGO/Q/2‑4/Add.1, paragraphs 60 and 61). The Committee notes an absence of information in the Government’s report as to whether this draft Penal Code has been modified to include internal trafficking or trafficking of children for the purpose of labour exploitation.

In this regard, the Committee notes the statement in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that children are trafficked internally for the purpose of sexual exploitation and labour exploitation (in agriculture and domestic service). The Committee also notes the information in a report on trafficking in persons in Angola of 14 June 2010, also available on the website of the Office of the High Commissioner for Refugees (Trafficking Report), that women and children more often become victims of internal rather than transnational sex trafficking. Therefore, the Committee urges the Government to take the necessary measures to ensure that provisions prohibiting both the internal trafficking of children under 18 years and their sale and trafficking for the purpose of labour exploitation are included in national legislation, and to establish penalties in this regard, as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. It reminded the Government that, by virtue of Article 3(b) of the Convention, each Member which ratifies the Convention shall prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the draft Penal Code is still under discussion by Parliament. The Committee therefore urges the Government to take the necessary measures to ensure that the forthcoming Penal Code includes a prohibition on using, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. It requests the Government to provide a copy of the amended Penal Code, once adopted.

Article 4(1). Determination of hazardous types of employment or work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that while section 284(1) of Act No. 2/00 prohibits the employment of minors in hazardous work, pursuant to section 284(2), this prohibition only includes employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products.

The Committee observes that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appears to encompass only types of work which may harm the morals of children, and does not address types of work which may harm their health or safety. In this regard, the Committee once again reminds the Government that pursuant to Article 4(1) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. With regard to types of work that may be harmful to the health and safety of children, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 identifying cases of children engaged in hazardous activities and exploitative work such as work in high-seas fishing in the Namibe province, in diamond mines, in border localities, in markets and in bus terminals (CRC/C/AGO/2‑4, paragraph 432). Moreover, the Committee notes the information in the WFCL Report that children working in agriculture in Benguela are known to apply chemicals, use machinery and dangerous tools, and carry heavy loads. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that in determining the types of hazardous work prohibited to minors, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore requests the Government to take the necessary measures to ensure that the determination of the types of hazardous work prohibited to minors includes not only a prohibition against types of work that are harmful to a child’s morals, but also a prohibition against types of work that are harmful to their health and safety, in conformity with Article 4(1) of the Convention. It hopes that, in this regard, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the UNTA’s indication that cases of children working in the informal sector had been reported. It also noted, in its comments under the Labour Inspection Convention, 1947 (No. 81), that most working minors are engaged in the informal economy.

The Committee notes the Government’s statement, in its communication of 2 June 2009 regarding the comments of the UNTA, that efforts to monitor the informal sector are being made by the labour inspectorate and that provincial monitoring units are also involved in monitoring this sector. The Government further indicates that, despite efforts towards the formalization of this sector, the informal sector will not disappear any time soon. The Committee also notes the statement in the WFCL Report that the Government does not have the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to strengthen and adapt the capacity of the labour inspection and provincial monitoring units to improve the monitoring of children working in the informal economy. It requests the Government to provide information on the measures taken in this respect with regard to combating the worst forms of child labour in the informal sector, and on the results achieved.

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 previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted that Angola was implementing, in collaboration with UNESCO, a National Plan of Action for Education for All (2001–15) (NPA EFA) and that measures had been taken within the framework of the reform of the education system.

The Committee notes the Government’s statement in its reply to the list of issues of the CRC of 24 August 2010 that the Ministry of Education has developed a series of actions for the mid-term assessment of the NPA EFA (CRC/C/AGO/Q/2-4/Add.1, paragraph 35). The Committee also notes the Government’s indication in its report to the CRC of 26 February 2010 that it has begun implementation of a literacy and catch-up strategy (2006–15), in partnership with UNICEF, which seeks to accelerate learning with the use of self‑teaching and the certification of skills acquired in various contexts of formal and informal education (CRC/C/AGO/2-4, paragraph 354). The Government also indicates that the number of students attending primary school rose between 2004 and 2006, although, due to the lasting effects of armed conflict, the growth was higher in the inland provinces than in the coastal provinces, and that the gender disparity in enrolment rates persisted (CRC/C/AGO/2-4, paragraphs 338 and 339). The Government further indicates in this report that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2-4, paragraph 344).

In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 1 December 2008, expressed its concern at the limited access to education for groups such as children from rural areas and poor families and girls. The CESCR also expressed its concern that budgetary allocations were not sufficient to meet the rising number of children of school age, and the lack of schools and trained teachers, particularly in remote areas and in slums settlements (E/C.12/AGO/CO/3, paragraphs 38 and 39). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern that children from several vulnerable groups are less likely to attend and complete school. The Committee requests the Government to redouble its efforts, within the framework of the NPA EFA, to strengthen the functioning of the education system and to facilitate access to free basic education, particularly for children in remote areas and conflict affected regions, in addition, to children from poor families, rural areas and girls. The Committee also requests the Government to provide information on the outcome of the assessment of the NPA EFA, and the subsequent measures taken to strengthen this plan. Lastly, the Committee encourages the Government to pursue its efforts to provide informal educational opportunities and vocational training to children who are not enrolled in formal schooling.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication in its report to the CRC in August 2004 (CRC/C/3/Add.66, paragraph 250) that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. In this regard, the Committee noted that the Government had formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and rehabilitating and preventing the social exclusion of these child victims.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that the NPAI SCEC has not been implemented with the required efficiency (CRC/C/AGO/2-4, paragraph 189). The Government indicates in this report that the NPAI SCEC proved unsuitable for the current context, and that there is an urgent need to revise it (CRC/C/AGO/2-4, paragraph 432). The Government indicates that the National Childs Council (INAC) is in the process of evaluating the NPAI SCEC’s implementation, with the goal of strengthening the strategy (CRC/C/AGO/2-4, paragraphs 432 and 412).

The Committee also notes the information in the Trafficking Report that while the Government mainly relies upon religious, civil society, and international organizations to protect and assist victims of trafficking, there has been an increase in the number of victims referred to these services by the Government. This report further indicates that, in partnership with UNICEF, the INAC operates 18 child protection networks, which serve as crisis centres for victims of trafficking and other crimes who are between the ages of 9 and 16, and that victims over 16 are referred to shelters run by the Organization of Angolan Women. Nonetheless, the Committee notes the information in the Trafficking Report that law enforcement, immigration and social services personnel do not have a formal system of proactively identifying victims of trafficking among high-risk persons with whom they come in contact. The Committee strongly requests the Government to take immediate measures to revise and strengthen the NPAI SCEC to ensure its effective implementation, with child participation, particularly with regard to initiatives targeting child victims of commercial sexual exploitation. The Committee also urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and to ensure that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee previously noted that the CRC expressed deep concern that inadequate attention was being given to the plight of former child soldiers, particularly girls. The Committee also noted that the Special Representative of the Secretary-General for Children and Armed Conflict expressed concern over the large numbers and appalling conditions of internally displaced children. It noted the ILO–IPEC information that over 100,000 children were separated from their families as a result of war. In this regard, it noted that the Government had implemented a programme for the reintegration of demobilized minors in eight provinces and that the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006.

The Committee notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that, following the end of the war in 2002, the return and reintegration of people directly affected by the conflict (including displaced children and former soldiers) was a priority for the Government. The Government indicates that there were approximately 4 million displaced persons, of which 40 per cent were children (CRC/C/AGO/Q/2-4/Add.1, paragraph 38). The Government also indicates in its report to the CRC of 26 February 2010 that it is implementing a programme to return and resettle the displaced populations, refugees and other persons directly affected by the armed conflict, with special attention to children. The Government’s report to the CRC also indicates that the Cabinda provincial government carried out a series of programmes to provide special services to children in the context of reintegrating the vulnerable groups directly affected by the armed conflict. This project to support the reintegration of vulnerable groups includes a training package in various vocational skills (such as cooking, sewing and embroidery), life skills based on micro-lending, child protection and primary health care (CRC/C/AGO/2-4, paragraphs 368 and 369).

The Committee notes the statement in the WFCL Report that children living in provinces most affected by the civil war are more likely to work than children in less-affected provinces. The Committee requests the Government to strengthen its efforts with regard to rehabilitating and reintegrating children affected by the conflict, including former child soldiers. It requests the Government to provide information on the number of children reached through the measures taken in this regard.

2. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. The Committee also noted that the Government had set up hostels with the aim of getting these children off the streets, in addition to plans to build 600 regional reception centres for children in need of protection. However, the Committee noted a report indicating that at least 10,000 children work on the streets in the capital city of Luanda, and noted the Government’s indication that street children are also found in other large cities, such as Benguela, Lobito, Lubango and Malang.

The Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that there has been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, but that there remains a significant number of street children (CRC/C/AGO/2‑4, paragraph 397). The Committee also notes the Government’s indication in this report that efforts are made to reintegrate street children into their biological families, or to place them in foster families. This is done through the Family Tracing and Reunification Programme, which provides support to separated children in temporary institutions and reunites children with their families. The Government also indicates that while the factors contributing to the phenomenon of street children have not been eliminated, 1,545 street children have been picked up and hosted in Casa Pia de Luanda (a children’s home), in an effort to reintegrate these children with their families. The Government further indicates that cooperation is ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes) (CRC/C/AGO/2-4, paragraphs 398–401).

The Committee further notes the Government’s indication in its reply to the list of issues of the CRC of 24 August 2010 that some children working and living in the street were provided with social reintegration services: 239 street children in 2007, 240 such children in 2008 and 260 such children in 2009. Almost all of these children were boys (CRC/C/AGO/Q/2-4/Add.1, page 14). Lastly, the Committee notes the information in the WFCL Report that the Government continues to implement a project funded by the Government of St. Kitts and Nevis to prevent child labour among street children in Benguela and Lobito. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee also requests the Government to provide information on the number of street child who have been provided with educational and vocational training opportunities in children’s institutions.

3. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the information in the Government’s report to the CRC of 26 February 2010 that the number of OVCs could reach approximately 200,000 by 2010 and that the number of OVCs in Angola is rising (CRC/C/AGO/2-4, paragraphs 263–264). The Government also indicates in this report that it began preparing, in 2007, a National Action Plan for OVCs due to HIV/AIDS, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children (CRC/C/AGO/2‑4, paragraphs 261 and 374). The Government further indicates that the number of survival grants given to OVCs is rising (CRC/C/AGO/2‑4, paragraph 50). However, the Committee notes the Government’s indication in its Country Progress Report to UNGASS of March 2010 that only 16.8 per cent of households with OVCs receive basic external support. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement in its report to the CRC of 26 February 2010 that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation (CRC/C/AGO/2-4, paragraph 432). The Committee also notes the Government’s information on this report that 20 child victims of trafficking were identified by law enforcement officials in 2007 and that there have been clear cases of child trafficking in the Zaire Province. The Government states in this report that child trafficking is difficult to control due to the vast border and that Angolan children are taken from the capital city of the country and brought to the DRC and that Congolese children are trafficked from Kinshasa into Angola (paragraphs 172–175). The Committee further notes the indication in the Trafficking Report that the use of children for the purpose of illicit activities is also present in the country, as children are forced to act as couriers in illegal cross-border trade between Namibia and Angola as part of a scheme to skirt import fees. While noting the difficult situation prevailing in the country, the Committee expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour are available, and to provide information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex and age.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication of the UNTA, Confederacão Sindical, of 25 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. It had also noted that the Committee on the Rights of the Child expressed concern about the extent of the problem of sexual exploitation and trafficking of children.

The Committee notes that, in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the UNTA also pointed out the existence of certain cases of worst forms of child labour, including sale and trafficking of children and sexual exploitation.

The Committee notes that, according to the Trafficking in Persons Report of 2008 for Angola, available on the United Nations High Commissioner for Refugees web site (www.unhcr.org), although Angolan law criminalizes kidnapping, forced labour or bonded servitude, it does not prohibit trafficking in persons, including children. The Committee notes, however, that a draft Penal Code has been finalized in 2006. According to section 183 of the draft Penal Code, whoever recruits a young person under 18 years of age for the exercise of prostitution in a foreign country or transports or receives a young person for the same purpose, is liable to imprisonment from two to ten years. The Committee observes, however, that the draft Penal Code does not seem to prohibit internal trafficking, nor does it appear to prohibit the sale and trafficking of children for labour exploitation. The Committee requests the Government to take the necessary measures to ensure that the internal trafficking of children under 18 years and the sale and trafficking of children under 18 years for labour exploitation are prohibited by national legislation and to establish penalties in this regard, as a matter of urgency. It also requests the Government to take immediate measures to ensure that the draft Penal Code is adopted in the very near future.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that section 176 of the draft Penal Code provides that anyone who promotes, favours or facilitates the exercise of prostitution of, notably, vulnerable victims, is liable to imprisonment for one to six years. It also notes that section 184(1) of the draft Penal Code prohibits anyone from promoting, facilitating, permitting, using or offering a young person under 16 years of age for, among other things, pornographic photography, films or engravings. It reminds the Government that, by virtue of Article 3(b) of the Convention, each Member which ratifies the Convention shall prohibit the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to ensure that the use, procuring or offering of young persons between 16 and 18 years of age for the production of pornography or for pornographic performances is prohibited as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. In response to its previous comments, the Committee notes the Government’s statement that Act No. 9/96 concerning the prosecution of minors includes a provision for the social protection of minors who are drug users. It also notes that Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances (Act No. 3/99) and Act No. 4/99 regulating the lawful sale of drugs and other psychotropic substances (Act No. 4/99) were duly communicated to the Office. According to sections 4, 5, 6 and 7(i) of Act No. 3/99, an agent who uses a minor for, notably, the fabrication, preparation, extraction, production, transportation, trafficking, exportation of drugs or psychotropic substances, is liable to imprisonment from eight to 16 years.

Clause (d). 1. Hazardous work. In its previous comments, the Committee had noted that under section 284(1) of the General Labour Act of 2000 (Act No. 2/00), “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee had also noted that Decree No. 58/82 prohibits the employment of “minors”, namely persons over 14, but under 18 years of age, in hazardous types of work. The Committee had observed that, although Decree No. 58/82 defines the term “minor”, Act. No. 2/00 does not do so and that it was, therefore, not clear what the age was for admission to hazardous types of work as set out in Act No. 2/00. The Committee notes the Government’s indication, in its report under the Minimum Age Convention, 1973 (No. 138), that Decree No. 58/82 was repealed by Act No. 2/00. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, no child under 18 years of age may be engaged in hazardous work and it once again requests the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00, in its next report.

2. Self-employed workers. The Committee had previously noted that Act No. 2/00 does not apply to young persons under 18 years of age who are not covered by an employment contract and who are engaged in types of hazardous work. It notes that the Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that although national legislation does not contain a provision regarding work performed by persons for their own account, a regulation of this type could be adopted in the context of informal work and that studies are currently being carried out on the subject. The Committee notes that, according to the ILO/IPEC project entitled “Combating the worst forms of child labour in Portuguese-speaking countries in Africa” of 1 January 2006 to 30 December 2007 (ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa), the great majority of children work in the informal economy. Given this context, the Committee draws the Government’s attention to Article 1 of the Convention, which provides that “immediate measures” must be taken to prohibit the worst forms of child labour “as a matter of urgency” The Committee expresses the hope that, following the studies carried out on informal work, the Government will take measures to protect children who are not bound by an employment relationship from the worst forms of child labour as a matter of urgency. It requests the Government to provide information on the progress made in this regard. In this context, the Committee also requests the Government to envisage the possibility of taking measures to adapt the labour inspection services so as to ensure that children who work on their own account, or in the informal economy, are protected from the worst forms of child labour.

Article 4, paragraph 1. Determination of hazardous types of employment or work. The Committee notes that, because Decree No. 58/82, which contained a list of hazardous types of work prohibited for children under 18 years of age, has been repealed by Act No. 2/00, only section 284(2) of Act No. 2/00 sets out the prohibition to employ young persons on hazardous types of work. This prohibition covers employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products. The Committee therefore notes that, over and above this provision, there does not appear to be a list of hazardous types of work prohibited for children under 18 years of age. It reminds the Government that under the terms of Article 4, paragraph 1, of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to determine the hazardous types of employment or work in conformity with Article 4, paragraph 1, of the Convention as a matter of urgency. It also requests the Government to provide information on the progress achieved in this regard.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes that, in its comments under the Labour Inspection Convention, 1947 (No. 81), it had noted that, according to the annual inspection report for 2005, the decline in the statistics on work by minors can be explained by the high unemployment rate, as well as the fact that most minors are engaged in the informal economy. The Committee had nevertheless noted that the employment accident statistics by branch of activity and age group for the period 2000–04 refer to victims aged between 14 and 18 years. It had therefore requested the Government to ensure that labour inspectors intensify their inspection activities relating to child labour in all establishments and activities liable to inspection. The Committee notes the UNTA’s statement, in its comments under the Minimum Age Convention, 1973 (No. 138), that cases of children working in the informal sector were reported. Accordingly, the Committee strongly encourages the Government to take measures in order to considerably strengthen the mechanisms to monitor the implementation of the provisions giving effect to the Convention and combat the worst forms of child labour, including in the informal sector. It requests the Government to provide information on the progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO/IPEC Tackle project. The Committee notes that Angola is one of the 11 countries involved in the implementation of the ILO/IPEC project “Tackle child labour through education” (ILO/IPEC Tackle project). The overall objective of this project is to contribute towards poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged section of the society, and its purpose is to strengthen the capacity of the national and local authorities in the formulation, implementation and enforcement of policies to fight child labour in coordination with social partners and civil society. The Committee also notes that, in the case of Angola, the potential area of emphasis of the ILO/IPEC Tackle project is to work with partners to develop and implement pilot activities to fight child labour. The Committee requests the Government to provide information on the progress made in the elaboration of pilot activities to fight child labour. It also asks the Government to provide information on the number of children who were prevented from entering the worst forms of child labour through education, as a result of the implementation of the ILO/IPEC Tackle project.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. With reference to its previous comments, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms child labour in Portuguese-speaking countries in Africa, close to 44 per cent of all children in Angola do not attend school. The Committee further notes that, in its combined initial, second and third periodic reports on Angola of 28 April 2008, the Economic and Social Council indicates that, in 2000, about 25 per cent of children aged between 5 and 18 had never been to school (E/C.12/AGO/3, paragraph 216). The Economic and Social Council also indicates that the net enrolment rate in the first stage of primary education (first to fourth grade) is approximately 56 per cent and that only 30 per cent of pupils registered in first grade finish fourth grade, while only 15 per cent finish sixth grade. Over 30 per cent of pupils have to repeat first grade. The Committee notes that Angola has implemented, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15). It notes that several other measures have also been taken within the framework of the reform of the education system. According to the Economic and Social Council, 13 new academic and vocational schools are under construction and will soon open which, it is anticipated, will allow 80,000 children to gain access to education (E/C.12/AGO/3, paragraphs 273–274). The Economic and Social Council also indicates that the Government aims to reach several goals to ensure that universal education will be achieved by 2015, including 100 per cent national coverage and educational assistance to children and improving the effectiveness of teaching by achieving a nil dropout rate. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to provide information on the impact of the National Action Plan for Education for All on increasing school enrolment rates and reducing school dropout rates for children. It also asks the Government to provide updated statistical data on school enrolment and dropout rates.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of sexual exploitation or slavery. The Committee had previously noted that in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. In this regard, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa, the sexual and economic abuse of girls and boys, including child trafficking in certain parts of the country, have emerged as problems. The Committee notes the Government’s statement that it has formulated the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI against SCEC), in the framework of which the State and society establish and implement a system of guarantees that give top priority to the fundamental rights of children in a situation of personal and social risk. The NPAI against SCEC also seeks to identify partners in a position to become involved in building and improving policies and basic public social services for, notably, the following objectives:

(a)   protecting, guaranteeing and defending the rights of child victims of sexual and commercial exploitation;

(b)   combating and prosecuting the persons found guilty of exploiting children;

(c)   allocating funding for the implementation of policies and public services; and

(d)   rehabilitating and preventing the social exclusion of children who are victims of sexual abuse and exploitation.

The Committee requests the Government to indicate the number of child victims of commercial sexual exploitation under the age of 18 years who have been withdrawn from such exploitation and rehabilitated. It also asks the Government to provide information on the measures taken to protect children from slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Former child soldiers and children displaced as a result of the conflicts. The Committee had previously noted that the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. The Committee had also noted that the Special Representative of the Secretary-General for Children and Armed Conflict expressed concern over the large numbers and appalling conditions of internally displaced children. In this regard, the Committee notes that, according to the technical progress report for the ILO/IPEC project on combating the worst forms of child labour in Portuguese-speaking countries in Africa, over 100,000 children were separated from their families as a result of war. The Committee notes the Government’s information that it has adopted a programme for the reintegration of demobilized minors in eight provinces, which succeeded in reintegrating 4,104 demobilized children. It also notes that, according to the Child Soldiers Global Report of 2008, the Government adopted the Post-war Child Protection Strategy (PWCP), which was implemented from 2002 to 2006. The PWCP involved the reintegration into society of more than 3,000 children affected by the conflict, including former child soldiers. The children received skills training, assistance with civil registration and access to social assistance. Furthermore, the Committee notes the Government’s information that, in 2002, Angola engaged initiatives to restore a secure environment for children, such as the initiatives intended to guide the implementation of action plans adopted pursuant to the programme “A World Fit for Children”. The Committee requests the Government to continue providing information on the impact of the measures aimed at rehabilitating and reintegrating children affected by the conflict, including former child soldiers, and to indicate approximately how many of these children have been rehabilitated through such measures.

2. Street children. In its previous comments, the Committee had noted that the Government indicated that the armed conflict has devastated towns and villages, causing the displacement of a large number of people and giving rise to the phenomenon of street children. The Committee had noted that the Government has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter. The Committee notes the Government’s information that it is taking steps to improve the quality of life of children, including building 600 regional reception centres for children in need of protection, the construction of which has begun in some southern provinces. However, the Committee notes that a 2007 report on the findings on the worst forms of child labour in Angola, found on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), indicates that at least 10,000 children work on the streets in the capital city of Luanda alone and that the Government also acknowledges, in its report, that street children are also found in some other large cities, such as Benguela, Lobito, Lubango and Malange. Recalling that street children are at particular risk of being involved in the worst forms of child labour, the Committee requests the Government to provide information on the number of children living or working in the streets who were withdrawn and rehabilitated through the hostels and regional reception centres established in Angola.

3. Child orphans of HIV/AIDS. Following its previous comments, the Committee notes that, according to its combined initial, second and third periodic reports on Angola, of 28 April 2008, the Economic and Social Council indicates that the number of people living with HIV/AIDS is likely to have risen to between about 628,000 and 749,000 in 2005 and to rise to between about 1.08 million and 1.65 million people by 2010. The number of child orphans due to HIV/AIDS, which in 2001 was put at 84,000 children, could be as high as 427,000 or 492,000 in 2010 (E/C.12/AGO/3, paragraphs 178–179). The Committee notes the Government’s information that it has adopted HIV/AIDS programmes, including the establishment of 23 diagnosis and treatment clinics in 18 provinces and prevention programmes for young people and the community. Furthermore, the Committee notes that, in its combined initial, second and third periodic reports on Angola of 28 April 2008, the Economic and Social Council indicates that the Government has adopted the National Strategic Plan (PEN) for sexually transmitted infections, HIV and AIDS. The key aims of the PEN are to strengthen the country’s ability to combat the HIV/AIDS epidemic, to contain transmission of HIV by increasing efforts at prevention and to lessen the socio-economic impact of HIV/AIDS on individuals, families and communities. The Committee notes that the PEN is also seeking to achieve, among other things, greater access for people infected or affected by HIV/AIDS to counselling, voluntary screening, psychological support, antiretroviral therapy and other essential services, including health care, education and food. Furthermore, the Committee also notes that a strategic plan was drawn up for an accelerated reduction in maternal and child mortality in Angola (2005–09). The Committee observes that HIV/AIDS has adverse consequences for orphans because they run an increased risk of being engaged in the worst forms of child labour. Expressing deep concern at the number of child orphans of HIV/AIDS in Angola, the Committee asks the Government to provide information on the number of child orphans of HIV/AIDS who were effectively prevented from entering the worst forms of child labour through the implementation of the PEN and of the Strategic plan for reduction in maternal and child mortality.

Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the Government has communicated, in its report, several statistics concerning the education of boys and girls in Angola, such as school attendance and enrolment rates. However, the Committee observes that these statistics all date from the years 1994, 1995 and 1996. The Committee therefore requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee noted that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. The Committee noted that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 66 and 67), the Committee on the Rights of the Child expressed concern about the extent of the problem of the sexual exploitation and trafficking of children. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to combat the trafficking of children for sexual and other exploitative purposes. Among other measures, the Committee on the Rights of the Child recommended the Government to ensure an appropriate legal framework and sufficient human and financial resources for its implementation. The Committee on the Rights of the Child also encouraged the Government to include a provision in the Penal Code defining and penalizing trafficking. The Committee reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is considered to be one of the worst forms of child labour. It also recalled that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In view of the above information, the Committee requests the Government to take the necessary measures to ensure that the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is prohibited. The Committee also requests the Government to establish penalties in this regard.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that the Government has not provided any information on this subject. However, according to the information available to the ILO, article 152, paragraph 1, of the Constitution provides that the defence of the homeland is a right and a duty for each citizen. Under paragraph 2 of article 152 of the Constitution, military service is compulsory and is regulated by the law. In accordance with Act No. 1/93 respecting military service, such service is compulsory for men aged between 20 and 45 years. Furthermore, under the terms of Decree No. 40/96 on the application of military service, men may enrol voluntarily as from 18 years and women from 20 years of age. The Committee requests the Government to provide a copy of Act No. 1/93 respecting military service and Decree No. 40/96 on the application of military service.

Nevertheless, the Committee noted that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 60 and 61), while welcoming the action taken by the Government for disarmament, demobilization and the reintegration of combatants, the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. It also expressed concern about the situation of children in the enclave of Cabinda, which is still affected by violent conflict.

The Committee requests the Government to renew its efforts to remedy the situation of children who are still affected by conflict. It also requests the Government to provide information on the measures adopted to secure the effective enforcement of the legislation prohibiting the forced or compulsory recruitment of children for use in armed conflict. The Committee further requests the Government to indicate whether it has established or envisages establishing an overall strategy to prevent the participation of young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted that the Government had not provided any information on this subject. It requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that the Government had not provided any information on this subject. However, it noted from the information available to the ILO that in 1999 the Government adopted Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances and Act No. 4/99 controlling the unlawful sale of drugs and other psychotropic substances. The Committee requests the Government to provide copies of these two Acts. It further requests the Government to indicate whether their provisions prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If the national legislation does not include provisions prohibiting the use, procuring or offering of a child for illicit activities, the Committee requests the Government to take the necessary measures to that effect as a matter of urgency, in accordance with Article 3(c) of the Convention.

Clause (d). 1. Hazardous work. The Committee noted that, under the terms of section 284(1) of the General Labour Act, “minors” may not be employed in work which, by its nature, presents potential risks or which, in view of the circumstances in which it is carried out, is harmful for their physical, mental and moral development. The Committee noted that, under section 2(1) of Decree No. 58/82, it is prohibited to employ “minors” in work which, by its nature or the circumstances in which it is carried out, is likely to cause mental or physical harm to normal development. In accordance with section 1(2) of Decree No. 58/82, for the purposes of the Decree, “minors” are considered to be persons aged over 14 years but under 18 years. The Committee observed that, although Decree No. 58/82 defines the term “minor”, the General Labour Act does not do so. It was therefore not clear what the age for admission to hazardous types of work established by the General Labour Act was. The Committee reminded the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, must be prohibited in respect of all young persons under 18 years of age. The Committee therefore once again requests the Government to indicate the definition of the term “minor” for the purposes of section 284(1) of the General Labour Act.

2. Self-employed workers. Furthermore, the Committee noted that section 1(1) of the General Labour Act provides that the Act applies to all workers providing paid services on behalf of an employer and under the employer’s management and direction. The Committee observed that, by virtue of this provision, the General Labour Act does not apply to young persons under 18 years of age who are not covered by contractual employment relations and who are engaged in types of hazardous work. The Committee once again requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted that, by virtue of Decision No. 24/99 of 31 December 1999, the Government formulated a National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children. The Committee once again requests the Government to provide a copy of this National Plan of Action and to supply information on its impact on the elimination of the sexual and commercial exploitation of children. It further requests it to provide information on the consultations held with the organizations of employers and workers, in accordance with the provisions of this Article, and to indicate the extent to which the points of view of other concerned groups have been taken into consideration.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted that the Government provided no information concerning Article 7, paragraph 2(c) and (e), of the Convention. The Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee noted that, according to UNICEF information, nearly half of children in Angola do not attend school (over 1 million children). In this respect, the Committee noted with interest that the Government has adopted a National Plan of Action for Education up to 2015. This National Plan of Action is intended to determine an explicit policy concerning the approach to be adopted for the education of children; increase the school attendance rate to achieve 100 per cent in 2005; and improve the quality of teaching. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, particularly among girls. It requests the Government to provide information on the impact of the National Plan of Action for Education, in particular with regard to effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. The victims were both boys and girls of all ages. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. The Committee once again requests the Government to provide information on the measures taken to protect these children against sexual exploitation or slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Children displaced as a result of the conflicts. The Committee noted the annual report of the Special Representative of the Secretary-General for Children and Armed Conflict (E/CN.4/2003/77, of 3 March 2003). It noted in particular that, following a visit to Angola in May 2002, the Special Representative expressed concern over the large numbers and appalling conditions of internally displaced children, especially those emerging from previously inaccessible areas, the large numbers of separated and orphaned children, the widespread malnutrition, and the almost total destruction of the country’s health and education systems. The Special Representative recommended the Government to take certain measures to: address the humanitarian crisis and its impact on internally displaced children, especially those emerging from the newly accessible areas of the country, by providing adequate food, water, sanitation and health care; redirecting national and international resources towards the rehabilitation of social services which benefit children, especially schools, medical centres and vocational training centres. He also urged Angola to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee considered that children affected by armed conflict are a particularly vulnerable group during the phase of transition to peace and the process of reconstruction. The Committee once again requests the Government to provide information on the effective and time-bound measures taken, in accordance with the recommendations described above, to respond to the situation of children affected by the conflict. It further requests the Government to provide information on the impact of these measures on the rehabilitation and social integration of former child combatants, and particularly to indicate the numbers of former child combatants who have been reintegrated through these measures.

2. Street children. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 249 and 251), the Government indicated that the armed conflict has devastated towns and villages, causing the displacement of a large number of people towards areas of relative security. Among the displaced are many unaccompanied children, a situation that has given rise to the phenomenon of street children. The Government added that it has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter, thereby protecting them from dangerous situations. In its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the increasing number of street children. The Committee on the Rights of the Child recommended that a comprehensive study be conducted to assess the situation of street children and that measures be taken to prevent and reduce this phenomenon. The Committee considered that children living in the streets are particularly exposed to the worst forms of child labour. It therefore once again requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

3. HIV/AIDS. The Committee noted that, according to a document published in 2004 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), UNICEF and the World Health Organization (WHO), at the end of 2003 the estimated number of children under 17 years of age who had lost their mother or father or both parents to AIDS was 110,000. Around 130,000 women were affected by the HIV/AIDS virus. The Committee observed that the HIV/AIDS pandemic has repercussions on children who are orphans as they run a much greater risk of falling victim of the worst forms of child labour. In this respect, the Committee noted the information provided by the Government in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 274, 276 and 277), according to which the proportion of orphans is likely to increase in the next decade because of HIV/AIDS and this development will have a negative impact on the number of children who attend school and who work, since children who have lost one or both parents are more likely to drop out of school and to enter the labour market prematurely. Angola, which is situated in a geographical area where the HIV/AIDS prevalence rates are considered to be the highest in the world, has begun, in cooperation with the States of the region, to devise policies to protect orphans and vulnerable children affected by HIV/AIDS. This effort was launched in Namibia in 2002 during the Eastern and Southern Africa Regional Orphans and Vulnerable Children Workshop, organized by UNICEF, with a view to studying the situation, implementing a common strategy for children and reducing prevalence rates. The Committee once again requests the Government to provide information on the effective and time-bound measures taken to improve the situation of these children, and particularly on policies or plans of action to protect orphans and vulnerable children affected by HIV/AIDS.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Angola. In this respect, it noted the Government’s indication that it is difficult to evaluate the difficulties of the implementation of the Convention in view of its recent ratification. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.

Finally, the Committee requests the Government to provide a copy of the Penal Code.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. The Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 66 and 67), the Committee on the Rights of the Child expressed concern about the extent of the problem of the sexual exploitation and trafficking of children. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to combat the trafficking of children for sexual and other exploitative purposes. Among other measures, the Committee on the Rights of the Child recommended the Government to ensure an appropriate legal framework and sufficient human and financial resources for its implementation. The Committee on the Rights of the Child also encouraged the Government to include a provision in the Penal Code defining and penalizing trafficking. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is considered to be one of the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In view of the above information, the Committee requests the Government to take the necessary measures to ensure that the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is prohibited. The Committee also requests the Government to establish penalties in this regard.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this subject. However, according to the information available to the ILO, article 152, paragraph 1, of the Constitution provides that the defence of the homeland is a right and a duty for each citizen. Under paragraph 2 of article 152 of the Constitution, military service is compulsory and is regulated by the law. In accordance with Act No. 1/93 respecting military service, such service is compulsory for men aged between 20 and 45 years. Furthermore, under the terms of Decree No. 40/96 on the application of military service, men may enrol voluntarily as from 18 years and women from 20 years of age. The Committee requests the Government to provide a copy of Act No. 1/93 respecting military service and Decree No. 40/96 on the application of military service.

Nevertheless, the Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 60 and 61), while welcoming the action taken by the Government for disarmament, demobilization and the reintegration of combatants, the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. It also expressed concern about the situation of children in the enclave of Cabinda, which is still affected by violent conflict.

The Committee of Experts requests the Government to renew its efforts to remedy the situation of children who are still affected by conflict. It also requests the Government to provide information on the measures adopted to secure the effective enforcement of the legislation prohibiting the forced or compulsory recruitment of children for use in armed conflict. The Committee further requests the Government to indicate whether it has established or envisages establishing an overall strategy to prevent the participation of young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Government has not provided any information on this subject. It requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not provided any information on this subject. However, it notes from the information available to the ILO that in 1999 the Government adopted Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances and Act No. 4/99 controlling the unlawful sale of drugs and other psychotropic substances. The Committee requests the Government to provide copies of these two Acts. It further requests the Government to indicate whether their provisions prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If the national legislation does not include provisions prohibiting the use, procuring or offering of a child for illicit activities, the Committee requests the Government to take the necessary measures to that effect as a matter of urgency, in accordance with Article 3(c) of the Convention.

Clause (d). 1. Hazardous work. The Committee notes that, under the terms of section 284(1) of the General Labour Act, “minors” may not be employed in work which, by its nature, presents potential risks or which, in view of the circumstances in which it is carried out, is harmful for their physical, mental and moral development. The Committee notes that, under section 2(1) of Decree No. 58/82, it is prohibited to employ “minors” in work which, by its nature or the circumstances in which it is carried out, is likely to cause mental or physical harm to normal development. In accordance with section 1(2) of Decree No. 58/82, for the purposes of the Decree, “minors” are considered to be persons aged over 14 years but under 18 years. The Committee observes that, although Decree No. 58/82 defines the term “minor”, the General Labour Act does not do so. It is therefore not clear what the age for admission to hazardous types of work established by the General Labour Act is. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, must be prohibited in respect of all young persons under 18 years of age. The Committee therefore requests the Government to indicate the definition of the term “minor” for the purposes of section 284(1) of the General Labour Act.

2. Self-employed workers. Furthermore, the Committee notes that section 1(1) of the General Labour Act provides that the Act applies to all workers providing paid services on behalf of an employer and under the employer’s management and direction. The Committee observes that, by virtue of this provision, the General Labour Act does not apply to young persons under 18 years of age who are not covered by contractual employment relations and who are engaged in types of hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, by virtue of Decision No. 24/99 of 31 December 1999, the Government formulated a National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children. The Committee requests the Government to provide a copy of this National Plan of Action and to supply information on its impact on the elimination of the sexual and commercial exploitation of children. It further requests it to provide information on the consultations held with the organizations of employers and workers, in accordance with the provisions of this Article, and to indicate the extent to which the points of view of other concerned groups have been taken into consideration.

Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7, paragraph 2(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to UNICEF information, nearly half of children in Angola do not attend school (over 1 million children). In this respect, the Committee notes with interest that the Government has adopted a National Plan of Action for Education up to 2015. This National Plan of Action is intended to determine an explicit policy concerning the approach to be adopted for the education of children; increase the school attendance rate to achieve 100 per cent in 2005; and improve the quality of teaching. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, particularly among girls. It requests the Government to provide information on the impact of the National Plan of Action for Education, in particular with regard to effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. The victims were both boys and girls of all ages. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. The Committee requests the Government to provide information on the measures taken to protect these children against sexual exploitation or slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Children displaced as a result of the conflicts. The Committee notes the annual report of the Special Representative of the Secretary-General for Children and Armed Conflict (E/CN.4/2003/77, of 3 March 2003). It notes in particular that, following a visit to Angola in May 2002, the Special Representative expressed concern over the large numbers and appalling conditions of internally displaced children, especially those emerging from previously inaccessible areas, the large numbers of separated and orphaned children, the widespread malnutrition, and the almost total destruction of the country’s health and education systems. The Special Representative recommended the Government to take certain measures to: address the humanitarian crisis and its impact on internally displaced children, especially those emerging from the newly accessible areas of the country, by providing adequate food, water, sanitation and health care; redirecting national and international resources towards the rehabilitation of social services which benefit children, especially schools, medical centres and vocational training centres. He also urged Angola to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee considers that children affected by armed conflict are a particularly vulnerable group during the phase of transition to peace and the process of reconstruction. The Committee requests the Government to provide information on the effective and time-bound measures taken, in accordance with the recommendations described above, to respond to the situation of children affected by the conflict. It further requests the Government to provide information on the impact of these measures on the rehabilitation and social integration of former child combatants, and particularly to indicate the numbers of former child combatants who have been reintegrated through these measures.

2. Street children. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 249 and 251), the Government indicates that the armed conflict has devastated towns and villages, causing the displacement of a large number of people towards areas of relative security. Among the displaced are many unaccompanied children, a situation that has given rise to the phenomenon of street children. The Government adds that it has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter, thereby protecting them from dangerous situations. In its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the increasing number of street children. The Committee on the Rights of the Child recommended that a comprehensive study be conducted to assess the situation of street children and that measures be taken to prevent and reduce this phenomenon. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, according to a document published in 2004 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), UNICEF and the World Health Organization (WHO), at the end of 2003 the estimated number of children under 17 years of age who had lost their mother or father or both parents to AIDS was 110,000. Around 130,000 women were affected by the HIV/AIDS virus. The Committee observes that the HIV/AIDS pandemic has repercussions on children who are orphans as they run a much greater risk of falling victim of the worst forms of child labour. In this respect, the Committee notes the information provided by the Government in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 274, 276 and 277), according to which the proportion of orphans is likely to increase in the next decade because of HIV/AIDS and this development will have a negative impact on the number of children who attend school and who work, since children who have lost one or both parents are more likely to drop out of school and to enter the labour market prematurely. Angola, which is situated in a geographical area where the HIV/AIDS prevalence rates are considered to be the highest in the world, has begun, in cooperation with the States of the region, to devise policies to protect orphans and vulnerable children affected by HIV/AIDS. This effort was launched in Namibia in 2002 during the Eastern and Southern Africa Regional Orphans and Vulnerable Children Workshop, organized by UNICEF, with a view to studying the situation, implementing a common strategy for children and reducing prevalence rates. The Committee requests the Government to provide information on the effective and time-bound measures taken to improve the situation of these children, and particularly on policies or plans of action to protect orphans and vulnerable children affected by HIV/AIDS.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Angola. In this respect, it notes the Government’s indication that it is difficult to evaluate the difficulties of the implementation of the Convention in view of its recent ratification. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.

Finally, the Committee requests the Government to provide a copy of the Penal Code.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It also notes with interest the adoption of the General Labour Act in 2000 (Act No. 2/00), which includes more complete provisions than those contained in Decree No. 58/82 on the protection of young persons. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest the Government’s indication that a Memorandum of Understanding (MOU) with ILO/IPEC has been submitted to the competent authorities for adoption. The Committee requests the Government to provide information on the progress achieved in the adoption of the MOU.

Article 3. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. The Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 66 and 67), the Committee on the Rights of the Child expressed concern about the extent of the problem of the sexual exploitation and trafficking of children. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to combat the trafficking of children for sexual and other exploitative purposes. Among other measures, the Committee on the Rights of the Child recommended the Government to ensure an appropriate legal framework and sufficient human and financial resources for its implementation. The Committee on the Rights of the Child also encouraged the Government to include a provision in the Penal Code defining and penalizing trafficking. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is considered to be one of the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In view of the above information, the Committee requests the Government to take the necessary measures to ensure that the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is prohibited. The Committee also requests the Government to establish penalties in this regard.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that section 4 of the General Labour Act prohibits forced or compulsory labour.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this subject. However, according to the information available to the ILO, article 152, paragraph 1, of the Constitution provides that the defence of the homeland is a right and a duty for each citizen. Under paragraph 2 of article 152 of the Constitution, military service is compulsory and is regulated by the law. In accordance with Act No. 1/93 respecting military service, such service is compulsory for men aged between 20 and 45 years. Furthermore, under the terms of Decree No. 40/96 on the application of military service, men may enrol voluntarily as from 18 years and women from 20 years of age. The Committee requests the Government to provide a copy of Act No. 1/93 respecting military service and Decree No. 40/96 on the application of military service.

Nevertheless, the Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 60 and 61), while welcoming the action taken by the Government for disarmament, demobilization and the reintegration of combatants, the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. It also expressed concern about the situation of children in the enclave of Cabinda, which is still affected by violent conflict.

The Committee of Experts requests the Government to renew its efforts to remedy the situation of children who are still affected by conflict. It also requests the Government to provide information on the measures adopted to secure the effective enforcement of the legislation prohibiting the forced or compulsory recruitment of children for use in armed conflict. The Committee further requests the Government to indicate whether it has established or envisages establishing an overall strategy to prevent the participation of young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Government has not provided any information on this subject. It requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not provided any information on this subject. However, it notes from the information available to the ILO that in 1999 the Government adopted Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances and Act No. 4/99 controlling the unlawful sale of drugs and other psychotropic substances. The Committee requests the Government to provide copies of these two Acts. It further requests the Government to indicate whether their provisions prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If the national legislation does not include provisions prohibiting the use, procuring or offering of a child for illicit activities, the Committee requests the Government to take the necessary measures to that effect as a matter of urgency, in accordance with Article 3(c) of the Convention.

Clause (d). 1. Types of hazardous work. The Committee notes that, under the terms of section 284(1) of the General Labour Act, "minors" may not be employed in work which, by its nature, presents potential risks or which, in view of the circumstances in which it is carried out, is harmful for their physical, mental and moral development. The Committee notes that, under section 2(1) of Decree No. 58/82, it is prohibited to employ "minors" in work which, by its nature or the circumstances in which it is carried out, is likely to cause mental or physical harm to normal development. In accordance with section 1(2) of Decree No. 58/82, for the purposes of the Decree, "minors" are considered to be persons aged over 14 years but under 18 years. The Committee observes that, although Decree No. 58/82 defines the term "minor", the General Labour Act does not do so. It is therefore not clear what the age for admission to hazardous types of work established by the General Labour Act is. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, must be prohibited in respect of all young persons under 18 years of age. The Committee therefore requests the Government to indicate the definition of the term "minor" for the purposes of section 284(1) of the General Labour Act.

2. Self-employed workers. Furthermore, the Committee notes that section 1(1) of the General Labour Act provides that the Act applies to all workers providing paid services on behalf of an employer and under the employer’s management and direction. The Committee observes that, by virtue of this provision, the General Labour Act does not apply to young persons under 18 years of age who are not covered by contractual employment relations and who are engaged in types of hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work. The Committee notes that the prohibition to employ young persons between 14 and 18 years of age on types of hazardous work contained in section 2(1) of Decree No. 58/82 covers, in particular, underground work, work in mines, quarries, power stations, high-temperature furnaces and any heavy work, as well as work in the occupations covered in the Schedule to Decree No. 58/82 where they are related to the production or handling of the products enumerated in the Decree. The Committee further notes that section 284(2) of the General Labour Act and section 3 of Decree No. 58/82 prohibit the employment of young persons in theatres, cinemas, nightclubs, cabarets, discotheques or other similar establishments, and their use as vendors or in publicity for pharmaceutical products. The Committee notes that Decree No. 58/82 was adopted well before the ratification of the present Convention.

In this regard, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of types of hazardous work determined has to be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this connection, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee notes that, under section 2(3) of Decree No. 58/82, the list of types of work prohibited for minors has to be revised annually. The Committee trusts that, when the list of types of work prohibited for minors contained in Decree No. 58/82 is revised, the Government will take into consideration the types of activity enumerated in Paragraph 3 of Recommendation No. 190. The Committee further requests the Government to provide information on the consultations held with employers’ and workers’ organizations.

Paragraph 2. Identification of where the types of hazardous work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests it to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work exist, and to provide information on the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that Decree No. 11/03 establishes a scale of fines for violations of the General Labour Act. Under section 4 of Decree No. 11/03, the imposition of the fines is the exclusive responsibility of the labour inspectorate. The Committee also notes that, under section 3(a) of Decree No. 9/95 issuing regulations governing the general labour inspectorate, the functions of the general inspectorate include securing the enforcement of legislative provisions relating to conditions of work and the protection of workers. Furthermore, section 13 of Decree No. 9/95 provides that labour inspectors may initiate proceedings in cases where they identify violations of the rules in force during the discharge of their duties. Under section 12(2) of Decree No. 9/95, the labour inspector first has set a time limit to remedy the infringement. The Committee requests the Government to provide information on the activities of the labour inspectorate or any other mechanism established to monitor the implementation of the provisions giving effect to the present Convention, including extracts of inspection reports, and to indicate the scope and nature of the infringements detected against children and young persons engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, by virtue of Decision No. 24/99 of 31 December 1999, the Government formulated a National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children. The Committee requests the Government to provide a copy of thisNational Plan of Action and to supply information on its impact on the elimination of the sexual and commercial exploitation of children. It further requests it to provide information on the consultations held with the organizations of employers and workers, in accordance with the provisions of this Article, and to indicate the extent to which the points of view of other concerned groups have been taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that, under the terms of section 8 of Decree No. 11/03 establishing the scale of fines for violations of the provisions of the General Labour Act, the practice of forced or compulsory labour, in violation of section 4 of the General Labour Act, shall be penalized by a fine of from five to ten times the average monthly wage in the enterprise. The Committee notes that, under section 61 of Decree No. 11/03, violations of the provisions of section 284(1) of the General Labour Act, namely the types of work that are prohibited for minors, shall be penalized by a fine of from five to ten times the monthly wage paid by the enterprise. It further notes that, under section 13 of Decree No. 58/82, a fine of from 5,000 to 20,000 Kz shall be applicable to those responsible for enterprises which have not applied the provisions of the Decree. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7, paragraph 2(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to UNICEF information, nearly half of children in Angola do not attend school (over 1 million children). In this respect, the Committee notes with interest that the Government has adopted a National Plan of Action for Education up to 2015. This National Plan of Actionis intended to determine an explicit policy concerning the approach to be adopted for the education of children; increase the school attendance rate to achieve 100 per cent in 2005; and improve the quality of teaching. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, particularly among girls. It requests the Government to provide information on the impact of the National Plan of Action for Education, in particular with regard to effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. The victims were both boys and girls of all ages. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. The Committee requests the Government to provide information on the measures taken to protect these children against sexual exploitation or slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Children displaced as a result of the conflicts. The Committee notes the annual report of the Special Representative of the Secretary-General for Children and Armed Conflict (E/CN.4/2003/77, of 3 March 2003). It notes in particular that, following a visit to Angola in May 2002, the Special Representative expressed concern over the large numbers and appalling conditions of internally displaced children, especially those emerging from previously inaccessible areas, the large numbers of separated and orphaned children, the widespread malnutrition, and the almost total destruction of the country’s health and education systems. The Special Representative recommended the Government to take certain measures to: address the humanitarian crisis and its impact on internally displaced children, especially those emerging from the newly accessible areas of the country, by providing adequate food, water, sanitation and health care; redirecting national and international resources towards the rehabilitation of social services which benefit children, especially schools, medical centres and vocational training centres. He also urged Angola to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee considers that children affected by armed conflict are a particularly vulnerable group during the phase of transition to peace and the process of reconstruction. The Committee requests the Government to provide information on the effective and time-bound measures taken, in accordance with the recommendations described above, to respond to the situation of children affected by the conflict. It further requests the Government to provide information on the impact of these measures on the rehabilitation and social integration of former child combatants, and particularly to indicate the numbers of former child combatants who have been reintegrated through these measures.

2. Street children. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 249 and 251), the Government indicates that the armed conflict has devastated towns and villages, causing the displacement of a large number of people towards areas of relative security. Among the displaced are many unaccompanied children, a situation that has given rise to the phenomenon of street children. The Government adds that it has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter, thereby protecting them from dangerous situations. In its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the increasing number of street children. The Committee on the Rights of the Child recommended that a comprehensive study be conducted to assess the situation of street children and that measures be taken to prevent and reduce this phenomenon. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, according to a document published in 2004 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), UNICEF and the World Health Organization (WHO), at the end of 2003 the estimated number of children under 17 years of age who had lost their mother or father or both parents to AIDS was 110,000. Around 130,000 women were affected by the HIV/AIDS virus. The Committee observes that the HIV/AIDS pandemic has repercussions on children who are orphans as they run a much greater risk of falling victim of the worst forms of child labour. In this respect, the Committee notes the information provided by the Government in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 274, 276 and 277), according to which the proportion of orphans is likely to increase in the next decade because of HIV/AIDS and this development will have a negative impact on the number of children who attend school and who work, since children who have lost one or both parents are more likely to drop out of school and to enter the labour market prematurely. Angola, which is situated in a geographical area where the HIV/AIDS prevalence rates are considered to be the highest in the world, has begun, in cooperation with the States of the region, to devise policies to protect orphans and vulnerable children affected by HIV/AIDS. This effort was launched in Namibia in 2002 during the Eastern and Southern Africa Regional Orphans and Vulnerable Children Workshop, organized by UNICEF, with a view to studying the situation, implementing a common strategy for children and reducing prevalence rates. The Committee requests the Government to provide information on the effective and time-bound measures taken to improve the situation of these children, and particularly on policies or plans of action to protect orphans and vulnerable children affected by HIV/AIDS.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Angola is a member of Interpol, the organization which assists cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, according to information from the World Bank, the Government is preparing a Poverty Reduction Strategy Paper (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 adopted or envisaged in the context of the PRSP relating to the elimination of child labour. It further encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Angola. In this respect, it notes the Government’s indication that it is difficult to evaluate the difficulties of the implementation of the Convention in view of its recent ratification. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.

Finally, the Committee requests the Government to provide a copy of the Penal Code.