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

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

Articles 6 and 7(2)(a) of the Convention. Programmes of action and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children. Further to its previous comments, the Committee duly notes the Government’s indication in its report that a “Plan of Action against trafficking in persons and similar practices 2020–22” has been adopted and will be implemented by the National Committee for Combating Trafficking in Persons and Similar Practices (CNLTPPA). Moreover, it takes note of the new “Advocacy Plan of Action against trafficking in persons for forced labour abroad 2018–22”.

Furthermore, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, states that trafficking in children remains a major problem and frequently goes unpunished (E/C.12/GIN/CO/1, paragraph 35). The Committee encourages the Government to continue its efforts to combat the trafficking of children. It requests the Government to provide information on the implementation of the “Plan of Action against trafficking in persons and similar practices 2020–22” and of the “Advocacy Plan of Action against trafficking in persons for forced labour abroad 2018–22”. The Committee also requests the Government to provide information on the results achieved, including on the elimination of the trafficking of children under 18 years of age for labour or sexual exploitation.

2. Ten-Year Action Plan. The Committee notes the publication by the African Union (AU) in April 2021 of the “Ten-Year Action Plan 2020–30” for achieving target 8.7 of the Sustainable Development Goals, in the context of the AU Agenda 2063. The goal of the Plan is to put an end to all forms of child labour by 2025, and also put an end to forced labour, trafficking in persons and modern slavery by 2030. The objective of each government is to identify the elements of a plan of action and implement it through the mobilization of resources for actions to be undertaken, inter alia, at the national level. The Committee requests the Government to provide information on the measures taken in the context of the “Ten-Year Action Plan 2020–30” with regard to the elimination of the worst forms of child labour, and also on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children living or working on the streets. Further to its previous comments, the Committee notes the Government’s indication that the Office for the Protection of Gender, Childhood and Morality (OPROGEM) is pursuing the implementation of various measures for the protection of children, including street children, with a view to removing them from the worst forms of child labour, including through an “Education for all” programme. The Committee also notes the Government’s statistics according to which OPROGEM recorded a total of 212 abandoned children in 2021.

However, the Committee also notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2019, expressed concern at the significant numbers of street children and the limited programmes to protect their rights (CRC/C/GIN/CO/3-6, paragraph 43). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to continue providing information on the measures taken to protect and withdraw these children from the worst forms of labour, and on the results achieved in this respect.

Clause (d). Children at special risk. HIV/AIDS orphans. The Committee duly notes the priorities of the new “Strategic national framework to combat AIDS (CSN) 2018–22”, including the elimination by 2022 of new infections among children and the provision of quality medical, psychological and social care for at least 75 per cent of adults and children living with HIV/AIDS.

However, the Committee highlights the Government’s indication in its report that the implementation of Decent Work Country Programme (DWCP) policy initiatives for combating HIV/AIDS in the workplace has been hampered by a lack of resources. Recalling that HIV/AIDS orphans are at a greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to supply information on the results achieved in this regard, particularly in the context of the CSN 2018–22.

Article 8. . 1. Regional and international cooperation. Further to its previous comments, the Committee duly notes the bilateral agreement signed with Liberia on combating trafficking in persons, especially women and children, and also the forthcoming signature of an agreement with Sierra Leone.

The Committee also notes the measures planned by the Government under the agreements signed in the context of the Economic Community of West African States (ECOWAS) for the 2020–22 period, with a view to prohibiting and eliminating the worst forms of child labour, including: (i) adopting national action plans to combat child labour; (ii) reinforcing labour inspection; (iii) providing protection against unscrupulous recruitment; (iv) ensuring access to schooling; and (v) conducting awareness-raising activities for enterprises. The Committee encourages the Government to continue its efforts to prohibit and eliminate the worst forms of child labour, particularly the sale and trafficking of children for labour and sexual exploitation. The Committee requests the Government to provide information on the measures taken and the results achieved under the agreements signed in the context of ECOWAS for the 2020–22 period.

2. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that the priorities of the DWCP 2016–19 are decent employment for young persons and women, particularly in the sectors of agriculture, mining and construction, and the strengthening of social dialogue, as a means of preventing crises.

The Committee also notes the Government’s indication that the ILO carried out an evaluation mission in 2022 for the purposes of the final review of the implementation of the DWCP 2016–19. In this regard, the Government indicates a lack of resources for much of the operational programming of the DWCP, especially concerning measures to combat the worst forms of child labour.

Furthermore, the Committee highlights the fact that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, expressed concern at the high rates of poverty, particularly in rural areas and among women and children, despite the implementation of poverty reduction programmes (E/C.12/GIN/CO/1, paragraph 37).

Lastly, the Committee notes the absence of information on the application of measures taken in the context of the DWCP 2016–19, and on the results achieved in this respect. The Committee requests the Government to provide information on the results of the final review of the implementation of the DWCP 2016–19 conducted by the ILO.

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

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 6 and 7(2)(a) of the Convention. Programmes of action and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour. Trafficking of children. The Committee previously noted that Guinea was a country of origin, transit and destination in relation to the trafficking of children for sexual exploitation and forced labour in agriculture, diamond mines and domestic work. According to the 2010 report relating to the National Survey on Child Labour and Trafficking (ENTE), 44,068 children were at risk of becoming victims of trafficking in Guinea. The Committee noted that the Government had adopted a “National plan of action to combat trafficking in persons” and had established the National Committee to Combat Trafficking in Persons (CNLTP), with a particular focus on women and children.

The Committee notes that the Government has not provided any information in this regard. It notes that the CNLTP was replaced through the adoption on 17 February 2017 of Decree No. D/2017/039/PRG/SGG establishing the competencies, structure and functioning of the National Committee for Combating Trafficking in Persons and Similar Practices (CNLTPPA), whose role is to promote, devise and formulate policies, programmes and projects to combat trafficking in persons and similar practices (section 2). Its responsibilities include: (i) drawing up a national plan of action covering the areas of prevention, protection, repression, return, reintegration, coordination and cooperation in relation to combating trafficking in persons and similar practices; and (ii) collecting and disseminating information on trafficking in persons and similar practices. The Committee also notes that, according to the 2016 evaluation report on national mechanisms for combating trafficking in persons and providing care for victims in Guinea, the Migration Action programme of the ACP–EU (African, Caribbean and Pacific countries and the European Union), implemented by the International Organisation for Migration (IOM), recommends that the Government focus its new plan of action on, inter alia, improving mechanisms to prevent trafficking and protect victims and on collecting and analysing national data on trafficking in persons. The abovementioned report notes that the trafficking of young persons in Guinea relates in particular to forced labour in agriculture, diamond mines, domestic work, forced begging, street vending and the sexual exploitation of Guinean girls and boys. The Committee requests the Government to provide information on the adoption and implementation of the “National plan of action to combat trafficking in persons” and its impact on the elimination of the trafficking of children under 18 years of age for economic and sexual exploitation. It also requests the Government to provide information on the activities of the CNLTPPA specifically relating to the trafficking of children under 18 years of age, and on specific measures to prevent children under 18 years of age from becoming victims of trafficking and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children living or working on the street. The Committee previously noted with concern that an increasing number of children were living or working on the streets in Guinea and that no statistical data were available on street children. It noted that the CRC expressed concern at the fact that these children had no access to any form of education and were exposed to various forms of abuse and exploitation.

The Committee notes with regret that the Government has not provided any information in this respect. Considering that children in street situations are at particular risk of involvement in the worst forms of child labour, the Committee requests the Government to provide information on the steps taken to protect and remove these children from the worst forms of child labour and on the results achieved in this regard.

Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted that sections 265–267 of the Children’s Code of 2008 addressed the protection of orphans and vulnerable children (OVCs) and provided that such children must receive support from the State. It noted that the 2014 report of the National Committee for Action against AIDS reviewing progress towards achieving the targets of the 2011 UN Declaration on HIV/AIDS indicated that orphans had been taken care of under the care and support programme.

The Committee notes that the Government has not provided any information on the measures taken to protect HIV/AIDS orphans. It notes that the Government has adopted a “National strategic framework to combat HIV/AIDS” (CSN) for the 2013–17 period. The Committee also observes that, according to UNAIDS estimates for 2017 in Guinea, 54,000 children under 17 years of age are HIV/AIDS orphans. Recalling that HIV/AIDS orphans are at a greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to supply information on the measures taken in this respect and the results achieved, particularly in the context of the CSN 2013–17.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted previously that Guinea is a member of Interpol, which assists cooperation between countries in various regions, particularly for combating the trafficking of children. It also noted that in 2005 the Government signed the Multilateral Cooperation Agreement to combat the trafficking of children in West Africa, and signed a cooperation agreement with Mali to combat the trafficking of children. The Government also signed the new Multilateral Regional Cooperation Agreement to combat the trafficking of persons, particularly women and children, in West and Central Africa. The Government also indicated that it was planning to sign bilateral agreements with Senegal, Sierra Leone, Liberia and Guinea-Bissau on trafficking in persons, particularly women and children.

The Committee notes that the Government has not provided any information on this matter. It notes the implementation of the 2018–20 plan of action of the Economic Community of West African States (ECOWAS), of which Guinea is a member, for combating trafficking in persons, particularly women and children. The Committee also notes that Guinea signed a cooperation agreement with Senegal in 2017 as part of the ECOWAS plan of action against trafficking in persons. In view of the scale of cross-border trafficking in the country, the Committee requests the Government to provide information on the measures taken under the abovementioned agreements for collaboration with other signatory countries with a view to prohibiting and eliminating the worst forms of child labour, particularly the sale and trafficking of children for labour and sexual exploitation, and the results achieved.

2. Poverty reduction. In its previous comments, the Committee noted the Government’s indication that the Poverty Reduction Strategy Paper (PRSP) III 2013–15 was adopted in March 2013. The Government indicated that the PRSP would be instrumental in achieving the elimination of the worst forms of child labour.

The Committee notes that the Government has not provided any information on this matter. It notes the Government’s indication in its report to the CRC in August 2017 that some 60 per cent of children live in poor households, and that the poverty rate is almost twice as high among households with children under the age of 15 than among those with no children under that age (CRC/C/GIN/3-6, paragraph 2). The Committee notes that a Decent Work Country Programme (DWCP) was signed with the ILO for the 2016–19 period, and the priorities of the DWCP include promoting decent work for young persons and strengthening social dialogue as a means of crisis prevention and of promoting decent employment and social peace. The Committee urges the Government to provide information on the measures taken as part of the DWCP and the PRSP to prevent and eliminate the worst forms of child labour and the results achieved in this respect.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that the Children’s Code of 2008 prohibited trafficking in persons, including children, for sexual or labour exploitation, and that anyone who engaged in or was an accomplice to trafficking in children would be liable to imprisonment of three to ten years and a fine of 1–3.5 million Guinean francs (GNF) (US$110–400). The Committee also noted with concern that no convictions had been handed down between 2011 and 2015, particularly in relation to cases of trafficking of children for sexual exploitation. It noted the Government’s statement that a Bill prohibiting child labour and trafficking was being drawn up. The Government indicated that the penal part of the aforementioned Bill had been referred to the Ministry of Justice to be incorporated into the new Penal Code. In this regard, the Committee asked the Government to ensure that the Bill prohibiting child labour and trafficking would be adopted as soon as possible.

The Committee notes with interest the adoption in 2016 of Act No. 2016/059/AN issuing the Penal Code, section 323 of which prohibits trafficking in persons for economic and sexual exploitation. The Committee notes that section 324 provides that any person guilty of trafficking a minor shall be liable to five to ten years’ imprisonment and a fine of GNF100 million (nearly $11,000). However, the Committee notes the annual statistics of the Office for the Protection of Gender, Childhood and Morality (OPROGEM) provided with the Government’s report, indicating that four children under 18 years of age were victims of trafficking in 2017. It notes the Government’s indication that the Central Office for Combating Organized Crime (OCLCO), which includes the Anti-Trafficking Division, has recorded only one case of international trafficking of children in the last two years. The Committee notes the Government’s indication, in its report to the United Nations (UN) Human Rights Committee (HRC), in October 2017, that arrests are often made in relation to child trafficking but few cases have resulted in convictions by the courts (CCPR/C/GIN/3, paragraph 242). Recalling that the best legislation only takes on real value if it is applied, the Committee urges the Government to take the necessary steps to ensure the effective application of Act No. 2016/059/AN issuing the Penal Code, indicating the number of children who are victims of trafficking and the number and nature of convictions and penalties imposed.

Articles 3(d), and 4(1) and (3). Determination and revision of the list of hazardous types of work. The Committee previously noted the Government’s indication that, with regard to the Bill prohibiting child labour and trafficking, the part relating to the worst forms of child labour had been examined by the Labour and Social Legislation Advisory Committee in 2015, and the revised list of hazardous types of work had been drawn up.

The Committee notes the Government’s indication that the Bill revising the list of hazardous types of work prohibited for children has not been adopted yet. It notes that the Labour Code prohibits hazardous work for children under 18 years of age (section 137) and that the Children’s Code of 2008 prohibits certain types of work for children under 18 years of age (chapter V). The Committee notes the Government’s indication, in its report on the Minimum Age Convention, 1973 (No. 138), that the Anti-Child Labour, Dialogue and Social Protection Division (Anti-Child Labour Division) is going to resume the process for signing a draft order prohibiting hazardous work for children and establishing the list of hazardous types of work. The Committee expresses the firm hope that the Bill prohibiting child labour and the revised list of hazardous types of work will be adopted as soon as possible and requests the Government to send copies of the texts when they have been adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. Hazardous work. The Committee previously noted that, according to the UN Committee on the Rights of the Child (CRC), large numbers of children were working in mining, agriculture and the fishing industry in dangerous conditions and were obliged to work excessively long hours. The CRC added that girls, some as young as 5 years of age, were employed as domestic workers and carried heavy loads, often without pay, and were targets of psychological, physical and sexual violence. The Committee notes the Government’s indication that OPROGEM has the mandate of formulating, planning and monitoring all activities, programmes and policy measures for safeguarding vulnerable population groups and protecting morality. It asked the Government to provide information on OPROGEM’s activities to combat the worst forms of child labour.

The Committee notes the Government’s indications that the OCLCO, which includes the Anti-Trafficking Division, has the mandate of investigating the perpetrators of organized crime, identifying and prosecuting them. The OCLCO action plan for the 2019–21 period provides, inter alia, for strengthening staff numbers, setting up operational units on the ground, and identifying locations where the worst forms of child labour are practised, especially mines, farms, industrial establishments, vehicle repair garages, carpentry workshops and Koranic schools, with a view to identifying the perpetrators of the worst forms of child labour. The Committee notes that the Government indicates that OPROGEM’s work also involves seeking information, gathering proof and arresting the perpetrators of offences in relation to its area of competence. It also notes the Government reference, in its report to the HRC in October 2017, to the continuing exploitation of children, despite legislative and regulatory progress (CCPR/C/GIN/3, paragraph 107). The Committee notes that, according to the final report of the Multiple Indicator Cluster Survey (MICS) conducted by the National Institute of Statistics (INS) in 2016 and published in July 2017, more than one in four children (26.5 per cent) under 18 years of age are working under dangerous conditions (page 257). The Committee requests the Government to take the necessary steps to strengthen the capacities of the OCLCO and OPROGEM for monitoring and combating hazardous child labour and to provide information in this respect. In particular, it requests the Government to provide information on the number and nature of reported offences, prosecutions, convictions and penalties imposed in cases involving hazardous child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and giving special attention to the situation of girls. Ensuring access to free basic education. The Committee previously noted the Government’s indication that the education system was short of capacity. The Government also reported several other challenges that impair the quality of education and make access more difficult, such as bad sanitary conditions in schools, the inadequacy of infrastructure and training, the poor quality of teaching and the persistence of certain socio-cultural stereotypes and obstacles which hamper universal school enrolment, particularly for girls. In this regard, the CRC observed not only a major gender gap in school enrolment but also geographical disparities. The Committee noted that, according to the 2014 report The twin challenges of child labour and educational marginalization in the ECOWAS [Economic Community of West African States] region, produced under the Understanding Children’s Work (UCW) programme, at least one third of working children did not attend school. The difference in school attendance rates for working and non-working children was particularly high (32 per cent). UNESCO indicated that in 2013 the net enrolment rate in primary education was 75.1 per cent and in 2012 the gross enrolment rate in secondary education was 38.1 per cent.

The Committee notes that the Government has not provided any information in this respect. It notes the Government’s indication in its report to the CRC in August 2017 that statistics for primary education for 2013–14 showed little change by comparison with 2012–13. Moreover, between 1999 and 2014, there was no increase in infrastructure and the number of pupils per classroom barely changed (CRC/C/GIN/3-6, paragraphs 104 and 105). UNESCO points out, in the Global Education Monitoring Report 2017–18, that there is limited access to drinking water and electricity in primary schools in the country (page 226). The Committee also notes that, according to the MICS final report of 2017, almost two out of five children (39.7 per cent) do not attend school. In 2016, the primary education completion rate was 55.7 per cent for girls, compared with 66.5 per cent for boys (page 239). The gross enrolment rate in secondary education was 42.3 per cent for 2016 and the gender parity index in secondary education stood at 0.68. Considering that access to education and school attendance are key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to take steps to increase the school enrolment, attendance and completion rates at both the primary and secondary levels, giving particular attention to the situation of girls. The Committee requests the Government to provide information on the measures taken and the results achieved, including statistics on school attendance and completion rates.

Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Talibé children. The Committee noted previously that families entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are obliged to perform various tasks, including begging. The Committee noted that the Children’s Code of 2008 provided that any person who incites or compels a child to engage in begging shall be liable to imprisonment of three months to one year and a fine of GNF50,000–200,000 (US$5.50–22).

The Committee notes the adoption in 2016 of Act No. 2016/059/AN issuing the Penal Code, which provides that any person who exploits begging undertaken by a minor shall be liable to three to five years’ imprisonment and/or a fine of GNF1 million–5 million (US$550–1,100). However, the Committee observes the Government’s indication, in its report to the HRC in 2017, that despite legislative and regulatory progress, begging undertaken by children remains a major concern in Guinea (CCPR/C/GIN/3, paragraph 107). It further notes that the CRC expressed serious concern at the limited number of investigations, prosecutions and convictions for offences connected with forced begging (CRC/C/OPSC/GIN/CO/1, paragraph 32). The Committee urges the Government to adopt the necessary time-bound measures to remove children under 18 years of age from begging further to the prosecution of marabouts under the Penal Code, and to provide information in this regard. It once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age are rehabilitated and socially integrated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Articles 3(a) and 4(1) and (3) of the Convention. All forms of slavery or practices similar to slavery and determination and revision of the list of hazardous types of work. Sale and trafficking of children and hazardous work. In its previous comments, the Committee noted the Government’s statement that a Bill prohibiting child labour and trafficking is currently being prepared. The Government indicated that this new Bill includes provisions bringing the national legislation into conformity with the Convention with regard to hazardous work and, to that effect, the list of hazardous types of work has been reviewed in relation to the various sectors.

The Committee notes the Government’s indication that the penal part of the Bill prohibiting child labour and trafficking has been referred to the Ministry of Justice to be incorporated in the new Penal Code recently adopted by the National Assembly. The Government also indicates that the part relating to the worst forms of child labour was examined by the Advisory Committee on Labour and Social Legislation at its April 2015 session. Lastly, it indicates that the list of hazardous work will be communicated once the Bill has been adopted. The Committee urges the Government to ensure that the Bill prohibiting child labour and trafficking is adopted in the very near future. It requests the Government to provide a copy of the Bill once it has been adopted, including the duly revised list of hazardous types of work.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that section 428 of the Children’s Code of 2008 provides that persons violating the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals (section 411), shall be liable to the corresponding penalties established in the Labour Code. The Committee also noted the Government’s indication that since no labour inspection reports mention any cases of child labour, there have been no court rulings imposing penalties under the Labour Code.

The Committee duly notes section 137.7 of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014), which provides that any violation of the provisions of the chapter relating to child labour shall be penalized by the criminal legislation in force. The Committee also notes the Government’s indication that urgent measures are being taken to reinforce the capacity of the labour inspectorate to maintain adequate monitoring and detect children engaged in hazardous work and in the worst forms of child labour in general. The Government further indicates that an invitation was issued to the labour inspectorate to forward the reports, which will be communicated in the near future. However, the Committee notes with concern that, as indicated in its comments relating to the Labour Inspection Convention, 1947 (No. 81), published in 2015, the Government has not sent any labour inspection report since the one covering the October 1994–October 1995 period. In the same comments, the Committee expressed its concern at the persistent inadequacy of resources available to the labour inspectorate. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2013 (CRC/C/GIN/CO/2, paragraph 79), reiterated its concern at the large number of working children, particularly in the informal economy, agriculture, fishing and domestic work. The Committee, therefore, urges the Government to take immediate steps to reinforce the capacity of the labour inspectorate as a matter of urgency, so as to ensure adequate monitoring and detection of children under 18 years of age engaged in the worst forms of child labour, particularly in hazardous work and the informal economy. The Committee also requests the Government to provide extracts from labour inspection reports relating to the worst forms of child labour, particularly concerning children engaged in hazardous work in the informal economy.

Article 7(1). Penal sanctions. The Committee previously noted that the Children’s Code of 2008 establishes several penalties in relation to cases of the worst forms of child labour envisaged in Article 3(a)–(c) of the Convention. The Government indicated that no convictions had yet been handed down, even though there were cases of trafficking in persons before the courts.

The Committee notes with concern the Government’s statement that there had still been no convictions handed down between 2011 and 2015, particularly in relation to the trafficking of children for sexual exploitation. The Committee notes the annual statistics for 2014 of the Office for the Protection of Gender, Childhood and Morality (OPROGEM), supplied with the Government’s report, which refer in particular to 23 child victims of trafficking (15 boys and eight girls). The Committee notes that the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 83), expressed its concern at the fact that prosecutions for the trafficking of children are rare despite the fact that the majority of trafficked victims in Guinea are children. Furthermore, referring to the 2012 General Survey on the fundamental Conventions, the Committee emphasizes that whatever penalties are laid down, they will only be effective if they are applied in practice, which presupposes that procedures exist for bringing violations to the attention of the judicial authorities, and that these authorities are strongly encouraged to apply such penalties (paragraph 639). The Committee, therefore, requests the Government to take the necessary steps to ensure that thorough investigation and robust prosecution of all persons committing violations of the Children’s Code relating to the worst forms of child labour, and particularly the trafficking of children for sexual or labour exploitation. It requests the Government to provide information on the number and nature of violations, investigations, prosecutions, convictions and penalties imposed.

Application of the Convention in practice. In its previous comments, the Committee noted the detailed statistics provided in the report on the 2010 National Survey on Child Labour and Trafficking (ENTE) relating to child labour and trafficking and also children’s education. According to the results of the ENTE, out of a total of 3,561,160 children between 5 and 17 years of age, 43 per cent are economically active and 40.1 per cent (or 93.2 per cent of economically active children) are engaged in types of work that are to be abolished, namely in work that is likely to harm their school attendance, health or development.

The Committee notes the absence of any additional information in the Government’s report on the application of the Convention in practice. Moreover, the Committee notes that the CRC, in its concluding observations for 2013 (CRC/C/GIN/CO/2, paragraph 79), expresses particular concern at the fact that children are working in mining, agriculture and fishing in hazardous conditions and are subjected to excessive hours of work. It adds that girls, sometimes barely 5 years of age, are employed as domestic workers and carry heavy loads, often for no pay, and are the target of psychological, physical and sexual violence. The Committee also observes that, according to the report The twin challenges of child labour and educational marginalization in the ECOWAS region [Economic Community of West African States], produced by the Understanding Children’s Work programme (UCW 2014 report), 90 per cent of children employed in agriculture work on family farms (paragraph 36). It also mentions that over one third of all forestry/logging workers are children (paragraph 40). The Committee again expresses its concern at the large number of children under 18 years of age engaged in the worst forms of child labour, particularly hazardous work. The Committee urges the Government to take immediate steps to protect these children against the worst forms of child labour. It also requests the Government to provide statistics and other 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, and the number and nature of violations, investigations, prosecutions, convictions and penalties imposed. All information should be disaggregated by age and gender, as far as possible.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. The Committee noted previously the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it had established a Child Labour Monitoring and Surveillance System, composed of a National Coordination Unit in the National Directorate of Employment, a prefectural coordination unit and village and prefectural committees.

The Committee notes the Government’s indication that the coordination units are structures established within the framework of the “ILO–IPEC West and Central Africa Cocoa and Commercial Agriculture Project to combat hazardous and exploitative child labour” (WACAP), which has terminated, and as a private project for the elimination of child labour in commercial agriculture, particularly in cocoa, coffee and mahogany plantations. These structures, therefore, fulfilled the function of monitoring child labour in plantations in four target areas in the Boké region. However, the Government indicates that, in view of the lack of resources of the Ministry of Labour, the system is not operational. While noting that the Child Labour Monitoring and Surveillance System is not operational, the Committee requests the Government to provide with its next report extracts from labour inspection reports relating to the worst forms of child labour.

2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention are confined to the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral acts in relation to children. The Committee previously requested the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of Articles 3(a) to (c) of the Convention.

The Committee notes the Government’s indications that the Office for the Protection of Gender, Childhood and Morality (OPROGEM), a support unit to the Cabinet, has been entrusted with preparing, planning and following up all the activities, programmes and other legal measures adopted by the national police force to protect vulnerable categories of the population and morality. The responsibilities of OPROGEM include collecting, exchanging and disseminating data on the protection of childhood, women and morality, and on the identity of those responsible for such violations and their accomplices; surveying the entry and departure of children from the national territory; and promoting an international cooperation mechanism for the protection of the rights of children and women and of morality. The Committee once again requests the Government to provide information on the functions of the anti-drug brigades and the vice squads in enforcing the application of Article 3(a) to (c) of the Convention. It also requests the Government to provide information on the activities undertaken by OPROGEM in relation to children engaged in the worst forms of child labour, and the results achieved.

Article 6. Programmes of action. National Plan of Action to combat trafficking in persons. The Committee noted previously that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. It, however, noted that in 2004 the Government adopted a National Plan of Action to combat trafficking in persons.

The Committee notes the Government’s indications that, within the framework of this Plan of Action, a unit was created by Order No. 4472/MASPFE/CAB of 14 September 2005 to monitor and evaluate child protection and development activities. Moreover, a National Committee to Combat Trafficking in Persons, and particularly women and children, has been established, as well as a Child Labour Monitoring and Surveillance System under the Ministry of Labour and the Public Service, and that local child protection committees have been created. The Government indicates that a National Plan of Action to combat trafficking in persons has been adopted for the period 2009–11, which has been extended until 2013. This Plan of Action is operational and includes strategies to combat trafficking in persons, based on prevention, protection, prosecution, coordination and cooperation. The Committee requests the Government to provide information on the effect given to the National Plan of Action to combat trafficking in persons between 2009 and 2013, and on its impact on the elimination of trafficking in children under 18 years of age for their economic or sexual exploitation.

Article 7(2)(a). Preventing the engagement of children in the worst forms of child labour. 1. Ensuring access to free basic education. The Committee notes that, according to the report of 18 April 2012 submitted by Guinea to the Committee on the Rights of the Child under Article 44 of the Convention on the Rights of the Child (CRC) (CRC/C/GIN/2, paragraphs 416–465), the gross primary school enrolment rate rose from 70 per cent to 78 per cent between 2001 02 and 2005–06. According to the same report, these results were achieved as a result of the combined efforts of the Government, grass roots communities, the private sector and development partners. Government education policy is based on six key components: extending basic education; improving access to education at every level; boosting non-formal education; improving the quality and effectiveness of teaching; institution-building; and revitalizing basic services.

The Committee, however, notes the Government’s indication, once again in its report of 18 April 2012 to the CRC (CRC/C/GIN/2, paragraph 419), that the education system is short of capacity and that the distribution of classrooms and school-age children is not adequate. The Government also reports several other challenges which reduce the quality of education and make access more difficult, such as bad health conditions in schools, the inadequacy of infrastructure and training, the low quality of teaching and the persistence of certain socio-cultural stereotypes and obstacles which are slowing down universal school enrolment, particularly for girls. This is corroborated by the results set out in the report on the National Survey on Child Labour and Trafficking (ENTE), which indicates that, despite the progress made, significant disparities persist at the geographical level, that the problem of universal primary education in Guinea relates as much to pupil retention as access, and that the internal effectiveness of the education system is low and improvements are slow to have an impact.

The Committee also observes that, according to the report of Guinea of 18 April 2012 to the CRC (CRC/C/GIN/2, paragraph 445), the gross enrolment rate in junior high school was much lower, namely 42.6 per cent in 2005–06 (23.1 per cent for girls), indicating that a large number of children leave school after the primary level. In this respect, the report on the ENTE indicates that the proportion of economically active children increases with age. Accordingly, those who only work or combine working and studying account for 36.1 per cent of children between the ages of 6 and 11 years, 55.6 per cent of children between 12 and 15 and 61.2 per cent of children between 16 and 17 years. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the operation of the education system in the country. In this respect, it requests it to take measures to raise the school attendance rate, particularly at the secondary level, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the measures adopted and the results achieved, particularly by continuing to provide statistics on school enrolment rates.

2. Children at risk of trafficking. The Committee notes that the report on the ENTE of 2010 provides detailed information on the phenomenon of children between the ages of 5 and 17 years who are at risk of becoming victims of internal trafficking in Guinea, that is of being procured, requisitioned, transferred or transported, provided with accommodation or accepted for the purposes of economic exploitation, namely being engaged in types of work that are to be abolished. According to the ENTE, 44,068 children are in a situation of risk of being victims of trafficking in Guinea. Trafficking concerns girls more than boys, as over six out of ten children (62.2 per cent) in a situation of risk are girls. That may be explained by the fact that girls are more likely to be engaged in domestic work, street vending and other types of work for which children are used. The highest proportion of children at risk of being victims of trafficking (59.4 per cent) are in rural areas, as rural activities, which are essentially agriculture and stock raising, are increasingly based on child labour. The Committee requests the Government to provide information on the specific time bound measures taken to prevent children under 18 years of age from becoming victims of trafficking for economic purposes in Guinea. It requests the Government to provide information on the results achieved in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Child labour in cocoa plantations. The Committee noted previously that Guinea was participating in the ILO/IPEC WACAP project, in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated.

The Committee notes with interest that, in the context of the WACAP project, 700 children have been enrolled in school and 1,000 others protected against work in commercial agriculture. In the context of the programmes of action implemented by the WACAP project, the awareness was raised of 1,365 children, of whom 246 (76 girls) benefited from re-enrolment in school and 65 were registered in training workshops.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans. The Committee noted previously that, according to the information contained in the report on the global AIDS epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, over 28,000 children are HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of the epidemic on orphans is the greater risk of being engaged in the worst forms of child labour.

The Committee notes the Government’s indications that it is making enormous efforts to reduce the incidence of the HIV/AIDS epidemic, including the establishment of a committee to combat HIV/AIDS and the implementation of a road map to accelerate the achievement of the Millennium Development Goals in relation to combating HIV/AIDS. With regard to the protection of HIV/AIDS orphans, the Committee notes that sections 265–267 of the Children’s Code of 2008 address the protection of orphans and vulnerable children (OVCs) and provides that such children shall benefit from State support. This support may take such forms as direct action for OVCs with a view to improving their living conditions and the strengthening of institutional capacities through the improvement of the intervention capacities of NGOs, institutions and communities. However, the Committee notes that, according to UNAIDS estimates, there were 59,000 HIV/AIDS orphans in Guinea in 2009. Recalling that HIV/AIDS orphans run a greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure that these children are protected against the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this respect and the results achieved.

2. Begging. The Committee noted previously that families entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging.

The Committee notes the Government’s indication that efforts have been made to eradicate the practice of child begging. For this purpose, sections 401 and 402 of the Children’s Code of 2008 provides that inciting or compelling a child to engage in begging shall be punished by a sentence of imprisonment of between three months and one year and a fine of between 50,000 and 200,000 Guinea Francs (GNF). The Committee requests the Government to provide information on the number of children who have been removed from begging following the prosecution of marabouts under sections 401 and 402 of the Children’s Code. It once again encourages the Government to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

3. Children living or working in the streets. The Committee notes that, according to the report of 18 April 2012 submitted by Guinea to the CRC (CRC/C/GIN/2, paragraphs 555–559), a large number of children live or work on the streets which is a relatively new phenomenon in Guinea. According to the report, it is particularly during school holidays that the presence of huge numbers of children on the streets of major towns, and particularly the capital Conakry, is most evident. Many of them are school children who sell goods illegally for traders who pay them piece rates so that they can buy their school kit for the new school year. The other category consists of children used by their parents, who often have disabilities, to beg on the streets. These latter children are increasingly exploited. They are not in school and do not receive proper treatment if they fall sick. However, no specific study has yet measured the extent of this phenomenon. Nevertheless, there are some NGOs which provide support to child beggars whose parents have disabilities. The Committee expresses concern at the phenomenon of children living and working in the streets, who appear to be increasing in numbers in Guinea. Considering that children who live in the streets are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour, and the results achieved.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted previously that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted that the Government signed, on 27 July 2005, the Multilateral Cooperation Agreement to combat the trafficking of children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that on 16 June 2005 the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government had signed the new Multilateral Regional Cooperation Agreement to combat the trafficking of persons, and particularly women and children, in West and Central Africa.

The Committee notes the Government’s indications that the departments responsible for childhood, women and security regularly exchange information on trafficking in persons with Interpol and their counterparts in Liberia, Senegal, Mali and Sierra Leone. The Government adds that it is planned to sign bilateral agreements with Senegal, Sierra Leone, Liberia and Guinea-Bissau on trafficking in persons, and particularly women and children. Finally, the Government reports that, in the context of this regional cooperation, six victims of trafficking were repatriated from Guinea to Senegal in 2011. The Committee is of the view that, in order to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the sub-regional level. It therefore requests the Government to continue providing information on the measures adopted in the context of the agreements referred to above for collaboration with other signatory countries with a view to eliminating and prohibiting the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation, and the results achieved.

2. Poverty reduction. The Committee notes the Government’s indication that Guinea is currently at the second stage of the formulation of a Poverty Reduction Strategy Paper (PRSP), within the context of which emphasis is placed on improving access to basic infrastructure. The Government indicates that the PRSP will be instrumental in achieving the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the PRSP for the prohibition and elimination of the worst forms of child labour, and to provide information on the outcomes achieved.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the detailed statistics provided in the report on the ENTE of 2010 relating to child labour, their education and trafficking. According to the results of the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (or 93.2 per cent of economically active children) are engaged in types of work that are to be abolished, that is in work likely to harm their school attendance, health or development. Work that is to be abolished is performed by almost all (93.2 per cent) of economically active children and, of these children, 78.3 per cent are engaged in hazardous types of work. In this respect, all children engaged in the mining/extraction industry (46,072 children), construction (15,169 children) and transport (6,816 children) perform hazardous types of work. The manufacturing industry (31,575 children) is the second branch of activity in which the proportion of children engaged in hazardous types of work is the highest (93 per cent), and 77.1 per cent of economically active children in the fields of agriculture and fishing (1,091,603 children), or 842,141 children, are engaged in hazardous types of work. Furthermore, according to the ENTE, 36 per cent of the children engaged in types of work to be abolished in 2010 suffered injury or illness related to their economic activity and the proportion of injured children rises from 33.8 per cent among those aged 5–11 years to 36.2 per cent among those aged 12–15 years and 43 per cent among the 16–17 year olds. The report on the ENTE also observes that child labour is an essentially rural phenomenon, as over one child in two (50.5 per cent) in this area indicated that they had been engaged in an economic activity during the reference period, compared with one in four (27 per cent) in urban areas.

The Committee expresses concern at the high number of children under 18 years of age engaged in the worst forms of child labour, and particularly in hazardous types of work. It urges the Government to take immediate measures to protect these children against the worst forms of child labour. It also requests it to continue providing statistics and other 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 the infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. In so far as possible, all of this information should be disaggregated by age and gender.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. The Committee noted previously the information provided by the Government that it had taken urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hoped that the legislative reforms undertaken by the Government would be adopted in the very near future and requested it to provide information in this respect.

The Committee notes with interest the adoption of the Guinean Children’s Code (Act No. L/2008/011/AN) of 19 August 2008.

Articles 3(a) and 4(1) and (3). All forms of slavery or practices similar to slavery and determination and revision of the list of types of hazardous work. Sale and trafficking of children and hazardous types of work. Further to its previous comments, the Committee notes with satisfaction that sections 385 to 396 of the Children’s Code of 2008 effectively prohibit trafficking in persons, including children, for sexual exploitation or for the exploitation of their labour. Section 386 provides that anyone who engages in or is an accomplice to trafficking in children shall be liable to a sentence of imprisonment from three to ten years and a fine from 1 to 3.5 million Guinea francs (GNF).

The Government adds that a Bill prohibiting child labour and trafficking is currently being prepared. The Committee notes the Government’s indication that this new Bill includes provisions bringing the national legislation into conformity with the Convention with regard to hazardous work and that, to that effect, the list of hazardous types of work has been reviewed in relation to the various sectors. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill prohibiting child labour and trafficking and to provide a copy once it has been adopted, including the duly revised list of hazardous types of work.

Article 3(a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes with satisfaction that section 429 of the Children’s Code of 2008 provides that no child under 18 years of age shall participate in hostilities, directly or indirectly, or be enrolled into the armed forces or an armed group, under penalty of imprisonment from two to five years and a fine from GNF50,000 to GNF500,000.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes with satisfaction that sections 359 and 360 of the Children’s Code prohibit the production, offering, dissemination, procuring, possession and representation of any pornography involving the performance by children of explicit sexual activities, whether real or simulated, or any representation of the sexual organs of a child, under penalty of imprisonment from one to five years and a fine from GNF300,000 to GNF1 million. It also observes that section 383 of the Children’s Code provides that the act of directly causing a child to transport, hold in their possession, offer or provide drugs shall be punishable by imprisonment from one to five years and a fine from GNF250,000 to GNF1 million, or one of these penalties.

Article 3(d). Hazardous types of work. Self-employed workers. The Committee noted previously that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the “Labour Code”), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. However, it also noted that section 1(2) defines the term “worker” as “[...] any person who has undertaken to place her or his occupational activity [...] under the direction and authority of another person [...]”. The Committee observed that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It requested the Government to indicate the measures adopted to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention.

The Committee notes with satisfaction that, under section 411 of the Children’s Code, the worst forms of child labour are prohibited, including all 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. Under the terms of section 1 of the Children’s Code, any human being aged under 18 years is a child.

Article 7(1). 1. Penal sanctions. The Committee notes that the Children’s Code of 2008 establishes several sanctions in relation to cases of the worst forms of child labour envisaged in Article 3(a) to (c) of the Convention. The Committee also notes the Government’s indications that in 2011 there were 13 cases of trafficking in persons, but that these cases are currently before the courts and that no convictions have yet been handed down. The Committee requests the Government to provide information on the number and nature of the violations of the Children’s Code relating to the worst forms of child labour, and particularly trafficking in children for sexual exploitation or the exploitation of their labour, the investigations conducted, prosecutions, convictions and penalties imposed.

2. Sanctions. The Committee noted previously that section 205 of the Labour Code establishes sanctions for those committing infringements of the Child Labour Order, and particularly for the employment of children in hazardous types of work.

The Committee further notes that section 428 of the Children’s Code of 2008 provides that persons violating the prohibition to employ children under 18 years of age on work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals (section 411), shall be liable to the sanctions envisaged in the Labour Code to that effect. The Committee notes the Government’s indication that no reports by the labour inspectorate refer to cases of child labour, as a result of which no court rulings exist imposing penalties under section 205 of the Labour Code. However, the Committee notes that, according to the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, conducted in collaboration with ILO/IPEC/SIMPOC and the National Statistical Institute of Guinea, 40.1 per cent of children between the ages of 5 and 17 years in Guinea, or 1,427,778 children, are engaged in types of work that are to be abolished, of whom 84.1 per cent are engaged in hazardous types of work, amounting to 33.7 per cent of children between the ages of 5 and 17 years (a total of 1,200,292 children). The Committee, therefore, requests the Government to take immediate measures to strengthen the capacity of the labour inspection services as a matter of urgency, so as to ensure adequate monitoring and detection of children under 18 years of age engaged in the worst forms of child labour, and particularly in hazardous types of work. The Committee also requests the Government to provide extracts from labour inspection reports relating to children engaged in hazardous types of work.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. The Committee noted the information provided by the Government that it had adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clause (d). Hazardous types of work. General prohibition. The Committee noted that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

Self-employed workers. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also noted that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee noted that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely 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(1) and (3). Determination and revision of the list of hazardous types of work. The Committee noted the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee, however, noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee drew its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminded the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4(2). Identification of where hazardous types of work exist. The Committee noted that the Government has not provided any information on this point. It recalled that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. Labour inspection. The Committee noted the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

Penal offences. The Committee noted the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee noted that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it noted that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7(1). Penal sanctions. The Committee noted that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

Article 7(2). Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(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, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. Child labour in cocoa plantations. The Committee noted that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

Measures adopted in the context of the child labour monitoring programme. The Committee noted the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it noted with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government added that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. HIV/AIDS orphans. The Committee noted that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

Begging. The Committee noted that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. Regional and international cooperation. The Committee noted that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further noted that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

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 child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in 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 reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. The Committee noted the information provided by the Government that it had adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clause (d). Hazardous types of work. 1. General prohibition. The Committee noted that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

2. Self-employed workers. The Committee noted that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also noted that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee noted that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely 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(1) and (3). Determination and revision of the list of hazardous types of work. The Committee noted the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee, however, noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee drew its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminded the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4(2). Identification of where hazardous types of work exist. The Committee noted that the Government has not provided any information on this point. It recalled that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee noted the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also noted that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further noted the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

2. Penal offences. The Committee noted the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee noted that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it noted that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7(1). Penal sanctions. The Committee noted that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

Article 7(2). Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(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, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee noted that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

2. Measures adopted in the context of the child labour monitoring programme. The Committee noted the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it noted with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government added that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee noted that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observed that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

2. Begging. The Committee noted that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee noted that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further noted that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Côte d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also noted that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further noted that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

2. Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

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 child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in 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 reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. The Committee notes that, according to the information available to the Office, sections 329, 330 and 337 of the Penal Code prohibit the sale and trafficking and prostitution of children.

Clause (d). Hazardous types of work. 1. General prohibition. The Committee notes that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “… any person who has undertaken to place her or his occupational activity … under the direction and authority of another person …”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely 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 hazardous types of work. The Committee notes the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee however notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee draws its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminds the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4(2) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also notes that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further notes the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a)–(c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee notes that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it notes that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7, paragraph 1. Penal sanctions. The Committee notes that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

Article 7, paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7(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, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO–IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

2. Measures adopted in the context of the child labour monitoring programme. The Committee notes the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it notes with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government adds that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observes that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

2. Begging. The Committee notes that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes with interest that the Government is already collaborating with ILO–IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

2. Poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a poverty reduction programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

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 child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in 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 reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

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 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. The Committee notes that, according to the information available to the Office, sections 329, 330 and 337 of the Penal Code prohibit the sale and trafficking and prostitution of children.

Clause (d). Hazardous types of work. 1. General prohibition. The Committee notes that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “[…] any person who has undertaken to place her or his occupational activity […] under the direction and authority of another person […]”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely 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 hazardous types of work. The Committee notes the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee however notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee draws its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminds the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also notes that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further notes the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a) to (c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee notes that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it notes that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7, paragraph 1. Penal sanctions. The Committee notes that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

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, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO/IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

2. Measures adopted in the context of the child labour monitoring programme. The Committee notes the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it notes with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government adds that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observes that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

2. Begging. The Committee notes that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes with interest that the Government is already collaborating with ILO/IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

2. Poverty reduction. Noting that Poverty Reduction Programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a Poverty Reduction Programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

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 child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in 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 reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government that it has adopted urgent measures to bring the national legislation into conformity with the provisions of international instruments on children ratified by the country. The Committee hopes that the legislative reforms undertaken by the Government will be adopted in the very near future and requests it to provide information in this respect, particularly with regard to: (a) all forms of slavery or practices similar to slavery, such as debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as define in the relevant international treaties.

Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. The Committee notes that, according to the information available to the Office, sections 329, 330 and 337 of the Penal Code prohibit the sale and trafficking and prostitution of children.

Clause (d). Hazardous types of work. 1. General prohibition. The Committee notes that, under the terms of section 187 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), apprentices and employed persons under 18 years of age may only be engaged in unhealthy or hazardous work under special conditions of protection determined by ministerial orders.

2. Self-employed workers. The Committee notes that, under section 1(1), the Labour Code is applicable to workers and employers exercising an occupational activity in Guinea. It also notes that subsection 2 of section 1 defines the term worker as “[…] any person who has undertaken to place her or his occupational activity […] under the direction and authority of another person […]”. The Committee notes that, by virtue of this provision, the Labour Code does not apply to young persons under 18 years of age without contractual employment relations who perform hazardous types of work. It therefore requests the Government to indicate the measures adopted or envisaged to ensure that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention, namely 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 hazardous types of work. The Committee notes the information provided by the Government that, in the current absence of relevant texts, it considers, in the same way as the social partners, that the following activities constitute the worst forms of child labour: work in mines and quarries, growing cash crops, greasing and mechanical repairs, night work, work as stokers and all types of work which are not covered by the Penal Code and which are such as to jeopardize the development and physical and psychological progression of children. The Committee however notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour (the Order on child labour) contains a list of hazardous types of work in which it is prohibited to employ young workers under 18 years of age. In the event that the Government takes the opportunity of the current legislative reforms to revise the list of hazardous types of work, the Committee draws its attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work. Furthermore, the Committee reminds the Government that, when examining or revising the list of hazardous types of work, the organizations of employers and workers concerned have to be consulted.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information on this point. It recalls that, under the terms of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. It therefore requests the Government to take the necessary measures to give effect to the Convention in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the information provided by the Government that the labour inspection service is the supervisory body that monitors the implementation of the provisions of the Convention. It also notes that the responsibilities of labour inspectors are set out in sections 357, 358 and 359 of the Labour Code. The Committee further notes the Government’s indication that it has established a System for the Monitoring and Surveillance of Child Labour, which is composed of a National Coordination Unit in the National Directorate of Employment, a prefectoral coordination unit and village and prefectoral committees. The Committee requests the Government to provide information on the functions of labour inspectors, and those of the coordination units and committees established in the context of the System for the Monitoring and Surveillance of Child Labour, particularly with regard to the worst forms of child labour, for example through the provision of extracts of reports and documents.

2. Penal offences. The Committee notes the information provided by the Government to the effect that the measures adopted to give effect to the Convention consist of the establishment of anti-drug brigades and vice squads to combat the proliferation of prostitution in all its forms and other immoral activities in relation to children. The Committee requests the Government to provide information on the functions of the anti-drug brigades and vice squads in enforcing the application of Article 3(a) to (c) of the Convention, which relates to penal offences. It also requests the Government to indicate whether other additional monitoring mechanisms have been established to ensure the implementation of these provisions of the Convention.

Article 6. Programmes of action. The Committee notes that, according to the information available to the Office, Guinea is a country of origin and of destination in relation to the sale and trafficking of children for forced labour in agriculture, diamond mines and domestic work. However, it notes that in 2004 the Government adopted a national plan of action to combat the trafficking of persons. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan of Action to Combat the Sale and Trafficking of Children. It also requests the Government to provide information on the results achieved in terms of the prohibition and elimination of this worst form of child labour.

Article 7, paragraph 1. Penal sanctions. The Committee notes that section 205 of the Labour Code establishes penal sanctions for those committing infringements of the Order on child labour, and particularly the employment of children in hazardous types of work. It requests the Government to provide information on the application of these penal sanctions in practice.

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, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Child labour in cocoa plantations. The Committee notes that Guinea is participating in the ILO/IPEC Regional Programme to combat child labour in cocoa plantations in West and Central Africa (WACAP), in which Cameroon, Cote d’Ivoire, Ghana and Nigeria are also associated. The Committee requests the Government to provide information on the number of children who will in practice be prevented from being engaged in work on cocoa plantations or removed from such work, and the rehabilitation and social integration measures provided for these children.

2. Measures adopted in the context of the child labour monitoring programme. The Committee notes the information provided by the Government that, in the context of the System for the Monitoring and Surveillance of Child Labour, it has established a number of structures, such as a Coordination Unit for NGOs working on behalf of children in difficulty and a Steering Committee on child labour and priority issues related to the welfare of children. In this respect, it notes with interest that in the Boké zone, over 150 children have been removed and reintegrated into school and into occupations such as dressmaking, hairdressing and mechanics. The Government adds that around 100 children have been identified in cashew nut plantations and that measures will be adopted to remove them from their work. The Committee encourages the Government to pursue its efforts and requests it to provide information on the number of children who are, in practice, prevented from being engaged in the worst forms of child labour, or removed from such work, and on the rehabilitation and social integration measures provided for these children.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee notes that, according to the information contained in the Report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, there are over 28,000 HIV/AIDS orphans in Guinea. The Committee observes that one of the consequences of this epidemic on orphans is the greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of the epidemic in Guinea and to take the necessary measures to prevent its transmission within the population and to protect HIV/AIDS orphans from the worst forms of child labour.

2. Begging. The Committee notes that, according to information available to the Office, Muslim families are reported to entrust their children at a young age to a spiritual guide (marabout) to teach them religion. In return, the children are reported to be compelled to perform various tasks, including begging. The Committee requests the Government to provide information on this practice and encourages it to establish a time-bound programme to ensure that child beggars under 18 years of age benefit from the protection afforded by the Convention.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes that Guinea is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes with interest that the Government is already collaborating with ILO/IPEC and with other United Nations specialized agencies and with certain governments. It further notes that, on 27 July 2005, the Government signed the Multilateral Cooperation Agreement to Combat the Trafficking of Children in West Africa, to which the following countries are parties: Benin, Burkina Faso, Cote d’Ivoire, Liberia, Mali, Niger, Nigeria and Togo. It also notes that, on 16 June 2005, the Governments of Guinea and Mali signed a cooperation agreement to combat the trafficking of children. It further notes that the Government has signed the new Multilateral Regional Cooperation Agreement to Combat the Trafficking of Persons, and particularly Women and Children in West and Central Africa. The Committee is of the view that, to combat the worst forms of child labour effectively, and particularly sale and trafficking, it is necessary to coordinate action at the subregional level. It requests the Government to provide information on the measures adopted in the context of the agreements referred to above with a view to collaboration with other signatory countries for the elimination and prohibition of the worst forms of child labour, and particularly the sale and trafficking of children for economic and sexual exploitation.

2. Poverty reduction. Noting that Poverty Reduction Programmes contribute to breaking the poverty chain, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to indicate whether it envisages adopting a Poverty Reduction Programme and, if so, to indicate the measures adopted or envisaged in the context of this programme for the prohibition and elimination of the worst forms of child labour.

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 child victims of the worst forms of child labour appear to be available for Guinea. It hopes that the Government will be in a position to provide statistics and information in 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 reported, investigations undertaken, legal proceedings, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.