Texts of pending comments

Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the establishment of the Human Trafficking Management Board which was mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking and an Anti-Trafficking Unit at the Criminal Investigation Department of the Ghana Police Service which investigates, arrests and prosecutes all offenders under the Trafficking Act. The Committee observed that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour; about the reported high incidence of internal trafficking of women and girls from rural areas; as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28). It requested the Government to provide information on the results achieved by the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking and on the number of investigations and prosecutions carried out by the Anti-Trafficking Unit and convictions and penalties imposed.

The Committee notes the Government’s information in its report that the Human Trafficking Secretariat and the Anti-Trafficking Unit of the Police and the Anti-Human Smuggling and Trafficking in persons Unit of the Ghana Immigration Service have strengthened their collaboration with the Civil Society Organizations (CSOs) to undertake awareness raising and sensitization activities as well as regular monitoring and rescue exercises on the Lake Volta and Central region. Moreover, 28 community dialogues and engagements were instituted to engage community members to understand the issues of trafficking of persons and their vulnerability. High court and Appeal court judges were sensitized on issues and modern trends in trafficking of persons. The Committee also notes the Government’s statement that the Human Trafficking Fund has been deposited with an amount of GHS 1,500,000 (approximately 248,731USD) to support the fight against trafficking in persons. The Government’s report further indicates that a total of 556 human trafficking cases were investigated out of which 89 accused persons were prosecuted and 88 were convicted. Out of the convictions, 65 were given jail terms ranging from 5-7 years and the remaining 23 convicts were fined up to 120 penalty units each (a penalty unit is GHS 12 Cedis, approximately USD240). The Committee wishes to remind the Government that, when sanctions envisaged or imposed in cases of forced labour consist of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, by virtue of Article 25 of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to continue take the necessary measures to raise awareness and strengthen the capacities of the law enforcement officials, in particular judges and prosecutors to ensure that sufficiently dissuasive and effective penalties of imprisonment are applied for the offences of trafficking in persons. It requests the Government to provide information on the measures taken in this regard as well as on the measures taken by the Anti-trafficking Unit and the Anti-Human Smuggling and Trafficking in persons Unit to combat trafficking in persons. It further requests the Government to continue to provide information on the application of the relevant provisions of the Human Trafficking Act, 2005 including the number of prosecutions, convictions and specific penalties applied for the offences of trafficking in persons. The Committee finally requests the Government to provide information on the rehabilitation and reintegration assistance provided to victims of trafficking as well as the number of victims who have benefitted from such services.

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that, for many years, it has been requesting the Government to take the necessary measures to amend the following provisions of the 2003 Labour Act and its 2007 Regulations:

• section 79(2), which excludes persons performing managerial and decision-making functions from the right to establish and join organizations of their own choosing;
• section 1, which excludes prison staff from the scope of application and therefore from the right to establish and join organizations of their own choosing;
• section 80(1), which provides that two or more workers may establish or join a trade union if they are in the same “undertaking”, defined in section 175 of the same Act as “the business of any employer”;
• section 80(2), which provides that employers must employ not less than 15 workers to establish or join an employers’ organization;
• section 81, which does not explicitly authorize trade unions to form or join confederations;
• sections 154–160, which do not set any time limit with regard to mediation;
• section 160(2), under which collective disputes are referred to compulsory arbitration if they are not resolved within seven days; and
• section 20 of the 2007 Regulations which sets out too broad a list of essential services.

The Committee notes that the Government indicates in its report that the social partners have started to review the labour legislation and are submitting their contributions to the text that will subsequently become law. The Committee expects that the Government, in consultation with the social partners, will soon complete the review of the labour legislation and ensure that it is brought into full conformity with the Convention, in light of the comments that the Committee has been making for many years. The Committee requests the Government to provide information on any progress and a copy of the legal texts adopted. The Committee reminds the Government that it may request technical assistance from the Office.

Articles 1 and 3 of the Convention. Adequate protection against anti-union discrimination. In its previous observation, the Committee requested the Government to provide detailed information on the nature and outcome of the inquiries carried out into a series of allegations of anti-union discrimination made by the International Trade Union Confederation (ITUC) in 2009 and 2011. The Committee notes that the Government indicates that after an investigation, the allegations were considered to be unfounded. It briefly indicates that the investigation showed that an employer refused to allow its workers to unionise, which created a misunderstanding between the workers and the employer. However, the situation was settled amicably and the workers have been unionised ever since. The Government added that there have been no discrimination problems in the country. The Committee takes due note of the information provided by the Government concerning one specific case of alleged anti-union discrimination. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts and recalling the allegations raised by the ITUC concerned a series of different instances, the Committee requests the Government to take the necessary measures to ensure that, on the one hand, the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities and the decisions taken in this respect.

Article 4. Collective bargaining certification. In its previous comments, the Committee requested the Government to indicate the procedure to be followed in the event that no consensus is reached by all the stakeholders concerning the mode of verification and venue of elections for the determination of the most representative union. The Committee notes that the Government indicates that if consensus is not reached, the National Labour Commission (NLC) decides on the matter. While noting that section 10(3) of the Labour Regulations, 2007 does not provide the procedure to be followed by the NLC, the Committee recalls that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse (see the 2012 General Survey on the fundamental Conventions, paragraph 228). The Committee therefore requests the Government, after consulting the representative organizations of workers and employers, to take the necessary legislative or regulatory initiatives so as to ensure that the procedure concerning the mode of verification and venue of elections for the determination of the most representative union fully complies with the Convention. The Committee requests the Government to provide information in this respect.

Article 5. Prison staff. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that prison staff enjoyed the right to organize and bargain collectively whether through an amendment to the Labour Act or other legislative means. The Committee takes due note of the Government’s indication that it is examining the revision of the Labour Act in tripartite consultations. The Committee hopes that the Government and the social partners will reach an agreement to amend the legislation along the lines that the Committee has been suggesting for years. The Committee requests the Government to provide any information on the results of the consultative process in the near future. The Committee reminds the Government that it may avail itself of the technical assistance from the Office.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sector and the number of workers covered.

Article 1 of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comment, after noting that consultations to review the Labour Act of 2003 were ongoing, the Committee asked the Government to seize this opportunity to ensure that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. Specifically, the Committee had stressed that the expressions “social status”, “politics” and “political status”, set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act, appeared to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. Noting that the Government reports that the review of the Labour Act of 2003 is still ongoing at the National Tripartite Committee, the Committee reiterates its request that the new provisions adopted in the Labour Act cover, as a minimum, all the prohibited grounds listed in Article 1(1)(a).

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Previously, the Committee asked the Government to provide information on: (1) any developments concerning the expansion of the definition of sexual harassment in the Labour Act (to explicitly cover hostile environment sexual harassment); and, in the meantime, (2) the number, nature and outcome of any complaints or cases of violence or sexual harassment at work handled by the labour inspectorate and the courts. The Government indicates that the expansion of the definition of sexual harassment is part of the ongoing review of the Labour Act. The Government further indicates that there has not been any report or complaints in respect of sexual harassment at work to the Labour inspectorate, the National Labour Commission, or the courts. The Committee recalls in this regard that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisal (General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to take steps to raise awareness on sexual harassment among labour inspectors and other officials in charge of detecting and addressing the issue, as well as among workers and employers and their respective organizations. The Committee also asks the Government to provide detailed information on the complaints mechanisms in place to address cases of sexual harassment at work and their use in practice (number of cases treated and outcome of these cases). Lastly, the Committee asks the Government, once again, to provide information on any legislative developments concerning the expansion of the definition of sexual harassment with a view to explicitly covering hostile environment sexual harassment.

Article 2. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. In its last comment, the Committee noted that the report of the Government was silent on the issue of discrimination on the grounds of race, colour, religion and national extraction. It also drew the Government’s attention to its 2018 general observation on discrimination on the grounds of race, colour and national extraction and requested information in response to the questions raised therein. The Committee notes that the Government expresses its commitment to fighting against discrimination on the grounds of race, colour, religion and national extraction. The Government refers to section 17(2) and (3) of the 1992 Constitution which prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status (section 17(2)); and defines discrimination as giving “different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description” (section 17(3)). The Government also reports that the grounds of race, colour, religion and national extraction are covered by the protection afforded by the Labour Code (sections 14 and 63). While taking note of the provisions in the national legislation referred to by the Government, the Committee recalls that when reviewing the situation and deciding on the measures to be taken in the context of a national equality policy, it is essential that attention be given to all the grounds protected under the Convention. The Committee also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes, and awareness raising (2012 General Survey, paragraphs 848 and 849). The Committee therefore asks the Government to provide information on the measures adopted in practice to promote the principle of equality of opportunity and treatment in employment and occupation irrespective of race, colour, religion or national extraction and to address instances of discrimination on these grounds. In particular, the Committee asks the Government to provide information on: the adoption and implementation of specific administrative measures; collective agreements; public policies; affirmative action measures; dispute resolution and enforcement mechanisms; specialized bodies; practical programmes; and awareness raising activities; directed at addressing discrimination on the grounds of race, colour, religion or national extraction in employment and occupation.

Enforcement. The Committee asked the Government to provide: (1) concrete examples of measures taken to enhance the capacity of law enforcement agencies and institutions to identify and address discrimination in employment and occupation; (2) a copy of the new labour inspection form when adopted, as well as information on any cases of discrimination in employment and occupation identified by or reported to labour inspectors; and (3) copies of any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body. The Government indicates that more officers have been recruited by the law enforcement agencies and institutions. In collaboration with the European Union, ILO, the United Nations Children’s Fund (UNICEF), the World Bank and the German Corporation for International Cooperation (GIZ), the Government has trained labour inspectors and provided logistics to enhance inspections in workplaces. The Committee notes, however, that the Government does not specify whether the training delivered to law enforcement agencies, including to labour inspectors, was designed to enhance their capacity to identify and address cases of discrimination in employment and occupation. The Committee also notes the indication by the Government that the new inspection form referred to in its previous report is at its final stage for validation and that there has been no reported complaints about discrimination during the reporting period. In this regard, the Committee recalls that, as stated above, the absence of complaints does not necessarily indicate that discrimination does not exist. It also recalls that the supervision of the provisions against discrimination in employment and occupation often rests in the first instance with the labour inspection services (2012, General Survey, paragraphs 790 and 872). The Committee therefore asks again that the Government provide concrete information on any training undergone by labour inspectors, court officials or other authorities to identify and address cases of discrimination in employment and occupation. The Committee also asks that the Government provide a copy of the new labour inspection form when it has been adopted. Lastly, the Committee asks the Government to provide detailed information, if possible disaggregated by sex, on the number of cases of discrimination in employment and occupation brought to or identified by the authorities and their outcome (including information on sanctions imposed and remedies granted).

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

Article 2 of the Convention. Gender equality in employment and occupation. In its previous comment, the Committee asked the Government to: (1) provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) (including on implementation time frame and impact on gender equality in employment and occupation); (2) confirm whether the Affirmative Action (Gender Equality) Bill was adopted; and (3) provide statistical information on the situation of women and men in employment in the private and the public sectors. In its report, the Government indicates that the current labour force participation data show higher employment rates for men (79 per cent) than for women (72.4 per cent). The Committee however notes that the report of the Government does not include information on the impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), or the status of the Affirmative Action (Gender Equality) Bill. Noting that the data provided by the Government do not detail the situation of women and men in employment (such as the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area), the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (2012 General Survey on the fundamental Conventions, paragraph 891). The Committee asks again that the Government provides specific information on the implementation and impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) in practice. The Committee also asks the Government to collect and communicate detailed statistics on the situation of men and women in employment (such as information on the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area). Lastly, the Committee asks the Government to provide information on any legislative development aiming at achieving gender equality in employment and occupation, through the possible adoption of the Affirmative Action (Gender Equality) Bill or otherwise.

Article 3. Education and vocational training. Previously, the Committee asked the Government to provide information on: (1) the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access to education and training for girls and women, including to technical institutes and tertiary education institutions, and on the results achieved; (2) whether grounds of discrimination covered by the grievance procedure provided for in section 28 of the Education Act of 2008 include all the grounds of discrimination listed under Article 1(1)(a) of the Convention; and (3) whether the ministerial regulations pursuant to section 29(o) of the same law had been adopted. The Government indicates that a series of measures have been implemented to improve access to education through the expansion of school infrastructures, the training of teachers, capitation grants and school feeding programmes. The average distance to schools has been reduced from 4.5 km to 2.1 kilometres and about 300,000 more children have had access to secondary education. The Committee also notes the information provided by the Government in its report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), according to which gender parity has been achieved at the kindergarten, primary and junior high school levels. However, it has not been achieved at senior high school level despite some improvements (Beijing +25 national report, page 26). With regard to section 28 of the Ghana Education Act, 2008, the Government indicates that the provision is to be read in consonance with section 17(2) and (3) of the 1992 Constitution which prohibit discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status (section 17(2)); and define discrimination as: “different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description” (section 17(3)). In this regard, the Committee refers to the observation it addresses to the Government. The Committee also notes that the Government does not report on the implementation of sections 28 and 29 of the Education Act of 2008 in practice. The Committee asks that the Government continues its efforts to promote girls’ and women’s access to education and to provide detailed information on the measures adopted in this regard and their impact in practice. The Committee also asks that the Government provides detailed information on the application of section 28 of the Education Act of 2008, such as information on the number of cases of discrimination brought to the attention of, or detected by, the authorities and their outcome. The Committee also asks, once again, that the Government clarifies whether the ministerial regulations provided for under section 29(o) of the same law have been adopted, and if so, to provide a copy of the regulations.

Article 5. Special measures. Persons with disabilities. Previously, the Committee asked the Government to provide information on: (1) the implementation of the Persons with Disability Act, 2006, and particularly on the obstacles encountered in practice in providing job training and employment opportunities for persons with disabilities; (2) the functioning and activities of the National Council on Persons with Disability (NCPD) in the field of employment and occupation; and (3) updated statistical information on the employment rate of persons with disabilities, disaggregated by sex, sector and age. On the implementation of the Persons with Disability Act, 2006, the Government indicates that it has rolled out a number of programmes and projects to train persons with disabilities and provide them with entrepreneurial and employment skills. These programmes include the Youth Employment Agency’s Ekumfi Chalk Making Programme; the Presidential Empowerment for Male Entrepreneurs with Disabilities (PEMED) and for Women Entrepreneurs with Disabilities (PEWED); and the increase from 2 to 3 per cent of the budget of the District Assemblies Common Fund allocated to persons with disabilities. One of the obstacles identified is the absence of a Policy Framework on Equitable Employment to coordinate the efforts in providing job training and employment opportunities for persons with disabilities in the private and public sectors. With regard to the activities of the NCPD, the Government indicates that the Council: (1) created an Inclusion Unit with Employment Schedule Officers for the creation of employment and occupation for persons with disabilities; (2) refers complaints from persons with disabilities on employment matters to the relevant state agencies; (3) offered technical support to institutions implementing inclusive employment policies; (4) is working with stakeholders from the extractive industry to avail job opportunities for workers with disabilities; (5) is working on adopting affirmative action policies within universities; (6) is developing an Enterprising Policy on Disability; and (7) is currently resourcing the Disaggregated Data Unit to build a reliable database on the employment of workers with disabilities. The Committee asks the Government to continue its efforts to promote the access of workers with disabilities to the labour market. It asks that the Government provides information on the impact of the measures in place in this regard (including information on the number of persons with disabilities that have accessed employment as a result of these measures). The Committee asks that the Government provides information on whether a Policy Framework on Equitable Employment has been adopted to coordinate the efforts towards the employment of workers with disabilities. Lastly, the Committee asks the Government to provide statistical information on the situation of workers with disabilities in the labour market (such as statistical data information disaggregated by sex on the trends in access to employment, by sectors and occupations, and information on the wage levels).

Article 4(2) of the Convention. Financing of training. In response to the Committee’s previous comments, the Government indicates that the Technical sub-Committee workshops for the determination of the 2021 and 2022 National Daily Minimum Wage (NDMW) of the National Tripartite Committee (NTC) were funded from the budgetary allocation of the Ministry of Employment and Labour Relations. The Government further indicates that mechanisms has been put in place to ensure funding and to provide training for members of the NTC in subsequent years. The Committee requests the Government to provide information on the number of trainings provided to the members of NTC, including information concerning the frequency, nature and content of the training that have taken place.

Article 5(1). Effective tripartite consultations. The Government reports that it has organized capacity-building workshops on dispute resolution, social dialogue and reporting on international labour standards for socio-economic development in collaboration with the social partners. Additionally, the Government has constituted a tripartite working group to support the reporting process on international labour standards. The Committee invites the Government to continue to provide information on effective tripartite consultations held on all the matters relating to international labour standards covered by the Convention, in particular with regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)) and the proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b)).

Article 5(1)(c). Re-examination of unratified Conventions. The Committee previously requested the Government to provide information on the outcome of tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as Conventions Nos 122 and 129. It also requested the Government to provide updated information on the nature and outcome of tripartite consultations held concerning Conventions Nos 169 and 181. The Government reports that consultations held with the social partners to re-examine the various unratified Conventions are not yet conclusive. In addition, consultations on Conventions Nos 169 and 181 are still ongoing at the level of the NTC. The Government further indicates that the Ministry has developed a National Labour Migration Policy (2020) in addition to the existing National Migration Policy (2016), both of which take into consideration the processes and requirements for the re-examination of unratified Conventions. Noting the Government’s indication that consultations on the ratification of unratified ILO Conventions, including Conventions Nos 169 and 181, are still ongoing, the Committee reiterates its previous request. In addition, it invites the Government to provide concrete information on progress made in this regard.

COVID-19 pandemic. In response to the Committee’s previous comments, the Government indicates that the NTC has published a ten-point guideline communiqué on occupational health and safety and the impact of the COVID-19 pandemic on businesses and labour. In addition, the NTC invited the Ghana Employers Association and Organised Labour to disseminate the communiqué and to ensure members’ compliance to avert the spread of the COVID-19 at workplaces and at community level. The Committee invites the Government to continue providing updated and specific information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The Committee notes the detailed discussion, which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Ghana of the Convention, as well as the Government’s reports.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee previously noted from the document on the National Plan of Action (NPA) for the Elimination of Human Trafficking in Ghana 2017–21 that the Anti-Human Trafficking Unit (AHTU) of the Ghana Police Service conducts investigations of cases of trafficking of persons and seeks to prosecute offenders; and that the Anti-Human Smuggling and Trafficking in Persons Unit (AHSTIPU) of the Ghana Immigration Service investigates and arrests human trafficking and smuggling offenders while also building the capacities of immigration officials to detect such cases. It noted, however, that according to this document, Ghana continues to be a source, transit and destination country for trafficking of persons, while trafficking of girls and boys for labour and sexual exploitation is more prevalent within the country than transnational trafficking. The document further indicated that children are subjected to being trafficked into street hawking, begging, portering, artisanal gold mining, quarrying, herding and agriculture. The Committee requested the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed; and to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied by the AHTU and the AHSTIPU for the offence of trafficking in persons under 18 years of age, in accordance with the provisions of the Human Trafficking Act.

The Committee notes the observations of the ITUC that the number of prosecutions and convictions for the offences related to the trafficking of children is insufficient in comparison to the scale and persistence of this worst form of child labour.

The Committee notes the Government’s information, in its report, that the Ghana Police Service has introduced child friendly policing for all officers in all training institutions to effectively deal with child victims of trafficking and developed a standard operating procedure on child trafficking. It also notes from the Government’s written information to the Conference Committee that a total of 556 human trafficking cases were investigated out of which 89 accused persons were prosecuted and 88 were convicted. Out of the convictions, 41 were under the Human Trafficking Act, 20 under the Children's Act, 1998 and 27 convictions were related to other offences. Out of the 88 convicts, 65 were given jail terms ranging from 5–7 years and the remaining 23 convicts were fined up to 120 penalty units each (a penalty unit is GH12 Cedis, approximately US$240). The Committee, however, notes that the number of prosecutions and convictions regarding trafficking in persons remain low, despite the significant number of investigations initiated. The Committee therefore strongly urges the Government to pursue its efforts to strengthen the capacity of the law enforcement officials, including the Ghana police Service, AHTU, AHSTIPU, prosecutors and judges so as to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to continue to provide information on the measures taken in this regard as well as specific information on the number of prosecutions, convictions and specific penalties applied on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 101A of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act of 2012 defines “sexual exploitation” as the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography and establishes penalties for sexually exploiting a child. Observing that this provision applies only to children under 16 years of age the Committee requested the Government to take the necessary measures to ensure that its legislation is amended in order to protect all persons under the age of 18 years from the production of pornography and pornographic performances.

The Committee notes the statement made by the Government representative of Ghana to the Conference Committee that section 101A(2)(b) of the Criminal Offences Act, 1960 (Act 29), as amended by the Criminal Offences (Amendment) Act 2012, covers the use of children in pornography and pornographic performances, and establishes penalties for offenders. Section 101A(2)(b) states as follows: “A person who sexually exploits another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.” The Committee notes the Government’s information that a child in this context means a person under the age of 18 years as defined under section 1 of the Children’s Act of 1998. The Committee requests the Government to provide information on the application in practice of section 101A(2)(b), including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances.

Clause (d) and Article 7(2)(a) and (b). Hazardous work in cocoa farming, and preventing children from being engaged in and removing them from such hazardous work. In its previous comments, the Committee noted the Government’s information on the various measures taken by the Ghana Cocoa Board in collaboration with other social partners such as the International Cocoa Initiatives, WINROCK, and the World Cocoa Foundation to prevent child labour and hazardous work in the cocoa sector. It noted, however, from a report by Understanding Children’s Work (UCW) of 2017, entitled Not Just Cocoa: Child Labour in the Agricultural Sector in Ghana that the incidence of children’s employment in cocoa had increased and that almost 9 per cent of all children (about 464,000 children) in the principal cocoa growing regions were involved in child labour in cocoa, of whom 84 per cent (294,000 children) were exposed to hazardous work, resulting in injuries, including serious ones. The majority of these children were working as unpaid family workers. The Committee urged the Government to intensify its efforts to prevent children under 18 years of age from being engaged in hazardous types of work in this sector, remove them from such work and rehabilitate them, by ensuring their access to free basic education and vocational training.

The Committee notes the information provided by the Government in its written information to the Conference Committee on the various interventions made to improve school enrolment which have led to 98 per cent and 95 per cent enrolment rates at the primary and secondary school levels, respectively. In addition, measures are also been taken in collaboration with the social partners to intensify child labour awareness and sensitisation activities throughout the country. The Committee also notes the statement made by the Government representative that the interventions to address the causes of child labour have been implemented, such as measures that contribute to improving cocoa productivity and the income of farmers. Moreover, the Governments of Ghana and Cote d’Ivoire and the representatives of the International Chocolate and Cocoa Industry initiated a public–private partnership aimed at accelerating the elimination of child labour in the cocoa sector.

The Committee notes the ITUC’s observation that cocoa has a prime place in the country’s economy which brings in about 40 percent of Ghana’s total earnings. The ITUC further states that child labour in its worst forms also has implications for Ghana’s cocoa supply chains in the global economy.

In this regard, the Committee notes that the Trade for Decent Work Project (T4DW Project), a productive partnership project funded by the European Commission (EC) has been launched in Ghana in April 2021. This project will support Ghana at improving the application of the ILO fundamental Conventions, in particular regarding child labour and the worst forms of child labour, in sectors with high incidence such as the cocoa sector. The Committee notes that the Conference Committee deeply deplored the high number of children who continued to be involved in hazardous work in the cocoa industries. While taking note of the measures taken by the Government, the Committee must express its concern at the high number of children involved in hazardous work in the cocoa sector. The Committee therefore strongly urges the Government to intensify its efforts to prevent children under 18 years of age from being engaged in hazardous types of work in this sector. It requests the Government to continue to provide information on the measures taken in this regard as well as the measures taken to ensure that child victims of hazardous types of work are removed from such work and rehabilitated, particularly by ensuring their access to free basic education and vocational training. It also requests the Government to provide information on the activities undertaken within the framework of the T4DW project, particularly with regard to child labour in the cocoa sector and the results achieved.

Article 4(1) and (3). Determination and revision of the list of hazardous types of work. In its previous comments, the Committee noted the Government’s statement that the process for comprehensive review on hazardous activities had begun and that measures were taken to adopt and incorporate the Ghana Hazardous Child Labour List (GHAHCL), into the Children’s Act. Noting that the Government had been referring to the revision of the list of hazardous types of work since 2008, the Committee urged the Government to take the necessary measures, without delay, to ensure the finalization and adoption of the GHAHCL and its incorporation into the Children’s Act.

The Committee notes the Government’s information that the Hazardous Activities Framework (HAF) developed for the Cocoa sector in 2008 and the HAF covering other 17 sectors developed in 2012 are being reviewed. There has been an inception meeting of stakeholders and a technical committee meeting towards the revision of the HAF. The technical committee will identify other sectors for inclusion in the HAF and the final document will be reconciled with the hazardous list in the Children’s Act. Moreover, the Government indicates that within its partnership project T4DW, a consultant has been selected to lead the discussions of the review of the HAF. In its conclusions, the Conference Committee urged the Government to adopt the GHAHCL and incorporate it into the Children’s Act without delay. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the GHAHCL is finalized and adopted in the near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking in the fishing industry and domestic service. The Committee previously noted the information from a study carried out by ILO–IPEC that children are engaged in hazardous fishing activities and are confronted with poor working conditions. Among the children engaged in fishing activities, 11 per cent were aged 5–9 years and 20 per cent were aged 10–14 years. Furthermore, 47 per cent of children engaged in fishing in Lake Volta were victims of trafficking, 3 per cent were involved in bondage, 45 per cent were engaged in forced labour and 3 per cent were engaged in sexual slavery. It also noted from the document concerning the National Plan of Action (NPA) for the Elimination of Human Trafficking in Ghana 2017–21 that boys and girls are trafficked into forced labour in fishing and the domestic service, in addition to sex trafficking which is most prevalent in the Volta region and in the oil-producing western region. This document also indicated that across the 20 communities in the Volta and central regions, 35.2 per cent of households consisted of children who had been subjected to trafficking and exploitation primarily in the fishing industry and domestic servitude. The Committee urged the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking and to remove child victims from the worst forms of child labour and ensure their rehabilitation and social integration.

The Committee notes the statement made by the Government representative that the AHTU and the AHSTIPU, in their efforts towards the elimination of trafficking of children, have strengthened their collaboration with Civil Society Organizations (CSO) as well as international partners particularly the International Organisation for Migration (IOM). These institutions undertake monitoring and rescue exercises on the Volta Lake and in the Central Region and conduct awareness raising and sensitization activities in targeted areas. Moreover, stakeholder groups, including Community Child Protection Committees (CCPC), child rights clubs, farmer cooperative and associations, fishermen, boat owners and teachers have been formed to create awareness and to monitor trafficking of children and child labour. According to the Government representative, about 2,612 CCPCs have been formed and as a result 7,543 children in child labour and at risk of being involved in child labour have been identified through routine monitoring systems. Furthermore, under the Child Protection Compact Agreement of 2018, a total of 11 government and private shelters are functioning, with 142 children residing in various shelters.

The Committee further notes the information from a report by the IOM that in March 2021, the Ghana Police Service rescued 18 child victims of trafficking between the ages of 7 and 18 years who were exploited in the fishing industry on the Volta lake. The Committee notes that the Conference Committee noted with grave concern the information relating to the trafficking of children for labour and sexual exploitation and deeply deplored the high number of children who continued to be involved in hazardous work in the fishing industries and in domestic servitude. While noting the efforts made by the Government to combat trafficking of children, the Committee strongly encourages the Government to intensify its efforts to prevent children from becoming victims of trafficking and to remove child victims from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to continue providing information on the measures taken in this regard and the results achieved in terms of the number of child victims of trafficking, disaggregated by age and gender, who have been removed and rehabilitated.

2. Trokosi system. The Committee previously noted that, despite the Government’s efforts to withdraw children from trokosi (a ritual in which teenage girls are pledged to a period of service at a local shrine to atone for another family member’s sins), the situation remained prevalent in the country. It also noted that the United Nations Human Rights Committee in its concluding observations of 9 August 2016 (CCPR/C/GHA/CO/1, paragraph 17) expressed concern about the persistence of the trokosi system, notwithstanding their prohibition by law. The Committee urged the Government to indicate the measures taken or envisaged to protect children from the practice of trokosi system as well as to withdraw child victims of such practices and to provide for their rehabilitation and social integration.

The Committee notes the statement made by the Government representative that the trokosi system has been outlawed and there is no official data on this practice. The Government, in partnership with stakeholders, has been sensitizing and educating stakeholders such as fetish priests/priestesses, family heads, traditional rulers, religious bodies and indigenes on the abolition of trokosi.

The Committee notes the observations made by the ITUC that the harmful practice of servitude and debt bondage is still ongoing and thousands of children are suffering its consequences. The Government must ensure that children are not subjected to this practice and must take measures to monitor the enforcement of the law and to carry out an appropriate statistical evaluation system. According to the Government’s report a total of 328 children have been rescued from the trokosi practice over the last six years. The Committee notes that the Conference Committee noted with grave concern the information relating to the unacceptable conditions experienced by teenage girls trapped in the trokosi system. The Committee therefore once again urges the Government to strengthen its measures to protect children from the practice of trokosi system as well as to withdraw child victims of such practices and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this regard as well as information on the number of children under 18 years of age who have been removed from the trokosi system and rehabilitated.

Referring to the recommendations made by the Conference Committee, the Committee requests the Government to accept an ILO Technical Advisory Mission, within the context of the current technical assistance provided by the ILO, to help expedite its efforts to eliminate the worst forms of child labour.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 200B of the Criminal Offences Act, 1960 as amended by the Criminal Offences (Amendment) Act, 2012 prohibits a person from engaging in racketeering and defines racketeering as the operation by a structured group of an unlawful activity that involves fraud, deceit, extortion, intimidation, violence or any other unlawful method in the execution of the activity. Section 200B(4) further provides that, unlawful activities associated with racketeering include bribery, prostitution, the sexual exploitation of children, gambling, narcotic drug offences, money laundering and human trafficking. The Committee requested the Government to indicate whether the use, procuring or offering of children under 18 years of age falls within the definition of racketeering under section 200B(4).

The Committee notes the Government’s information in its report that section 200B(4) covers the offences related to the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs. The Committee requests the Government to provide information on the application in practice of section 200B(4), in terms of the number of prosecutions, whether such prosecutions have been carried out against individuals or members of structured groups, convictions and penal sanctions applied for using, procuring or offering of children under the age of 18 years for illicit activities, in particular the production and trafficking of drugs.

Article 6. Programmes of action. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour (2017–21). In its previous comments, the Committee noted that the National Plan of Action Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2) had been approved and requested the Government to provide information on its implementation and impact in eliminating the worst forms of child labour.

The Committee notes the Government’s information that within the framework of the NPA2, 14 stakeholder groups were created from 1,023 communities for sensitization and capacity building to prevent the worst forms of child labour and about 7,357,170 individuals were sensitised. The awareness raising and sensitising activities were carried out in all the 260 districts through darbar (a public gathering), campaigns, radio programmes and through community information centres. Furthermore, capacity-building programmes were provided to 4,474 representatives from various institutions and groups, including members of the Parliament, law enforcement agencies, labour inspectors, Community Child Protection Committee (CCPC) members and community leaders, to identify and remove children from child labour and make referrals for rehabilitation. The Government also indicates that a total of 1,088 children (71 girls and 1,017 boys) between the age of 5 and 17 years were withdrawn from the worst forms of child labour from 2017 to 2020. The Committee requests the Government to continue to provide information on the implementation of the NPA2 and its impact in eliminating the worst forms of child labour, including statistical information, disaggregated by age and gender, on the number of children withdrawn from the worst forms of child labour and rehabilitated. The Committee also requests the Government to indicate any measures taken or envisaged to extend or renew the NPA2 to eliminate the worst forms of child labour.

2. National Plan of Action for the Elimination of Human Trafficking (NPA) (2017–21). Following its previous comments, the Committee notes the Government’s information on the following measures taken within the framework of the NPA for the Elimination of Human Trafficking: (i) 28 community dialogues and engagements were instituted by the Social Protection Department to educate community members on the dangers of trafficking of children and its vulnerability; and (ii) measures were taken, in collaboration with the Judicial Training School, to sensitize all High Court and Appeal Court Judges nation-wide on issues and modern trends in human trafficking in Ghana and globally. Accordingly, a total of 78 judges were trained in Accra and Kumasi. The Government further indicates that 783 victims of trafficking were rescued and rehabilitated. The Committee requests the Government to continue to provide information on the implementation of the measures taken to prevent the trafficking of children within the framework of the NPA for the Elimination of Human Trafficking (2017–21) and the results achieved including the number of children prevented and withdrawn from trafficking and rehabilitated. It also requests the Government to indicate any measures taken or envisaged to renew or extend the NPA for the Elimination of Human Trafficking.

Article 7(2)(d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVC). The Committee previously noted the implementation of the Livelihood Empowerment against Poverty (LEAP) programme, which aimed to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like OVC, as well as its positive impact on the school attendance of OVC. It also noted from a report by Understanding Children’s Work (UCW), entitled Child Labour and the Youth Decent Work Deficit in Ghana, 2016, the various social protection policies and programmes and various ongoing initiatives undertaken to improve access to education. The UCW report further indicated that as of 2015, the programme had reached more than 90,000 households in over 100 districts throughout the country. The Committee encouraged the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour.

The Committee notes the Government’s information that orphaned and vulnerable children continue to be protected under the LEAP Programme through free education and medical care, in addition to cash transfer. According to the Government’s report, currently, 335,015 households are benefiting from the LEAP Programme, of which 150,765 are OVC households. It also notes the Government’s information that the Free Senior High School Policy introduced in 2017 has benefitted about 300,000 children who could not have accessed secondary education due to financial and other factors. However, the Committee notes that according to the UNAIDS estimates of 2020, approximately 240,000 children under the age of 17 years are orphaned due to HIV/AIDS in Ghana. Recalling that OVC are at a greater risk of being involved in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, including through the LEAP programme and other initiatives and programmes. It requests the Government to continue to provide information on the measures taken in this regard, as well as their impact, including the number of orphans who have been reached through such initiatives.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified nine maritime labour Conventions which have been denounced as a consequence of the entry into force of the MLC, 2006, for Ghana. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Ghana on 18 January 2017. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II. Definitions and scope of application. The Committee notes that regulation 1 of the Ghana Shipping (Maritime Labour) Regulations, 2015 (hereafter, the Shipping Regulations) states that these Regulations apply to: (a) a Ghanaian registered ship which is engaged in commercial activities, except where that ship is (i) engaged in fishing, (ii) a warship or naval ship, or (iii) a ship exempted by the Director-General; (b) a seafarer if the seafarer does not belong to the categories of persons exempted by the Director-General and specified in a Maritime Circular; and (c) a seafarer recruitment and placement service registered and licensed in this country. The Committee recalls that the Convention applies to all seafarers and ships as defined in Article II, paragraph 1(f) and (i), other than those excluded under paragraphs 2 and 4. The Committee recalls that the Convention provides flexibility for national implementation in different ways. Article II, paragraphs 3 and 5, provides flexibility in the event of doubt as to the application of the Convention to categories of persons or to a ship or particular category of ship after consultation with shipowners’ and seafarers’ organizations. It draws the attention of the Government to the fact that exemptions to the requirements of the MLC, 2006, are possible only where they are expressly permitted by the Convention. As a principle, exemptions to the requirements of the Convention shall be granted by the Government (competent authority) after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate if categories of persons or ships have been exempted from the application of the Shipping Regulations by the Director-General and specified in a Maritime Circular, and if this is the case whether any exemptions with respect to the application of these Regulations to categories of persons or ships were made after consultation with the shipowners’ and seafarers’ organizations.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers’ national determination. The Committee notes that, according to section 481 of the Ghana Shipping Act, 2003, “seafarer” means a person employed or engaged in any capacity on board a ship, and includes apprentices except for the purposes of sections 183 to 206 inclusive (relating to repatriation), but does not include a master, pilot or a person temporarily employed on the ship while the ship is in port. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that pilots and persons temporarily employed on the ship while the ship is in port could be excluded from this definition. However, masters must be covered by the Convention. The Committee requests the Government to provide information on any measures adopted to amend the legislation in order to ensure that masters are considered seafarers for the purpose of the Convention.

The Committee notes that section 481 of the Ghana Shipping Act, 2003, while including apprentices in the definition of seafarers, excludes them from the application of sections 183 to 206 related to repatriation. Recalling the definition of seafarers mentioned above, the Committee reminds the Government that the MLC, 2006, does not allow for the partial application of the national law implementing its provisions as far as the workers concerned are seafarers covered by the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as apprentices and cadets. The Committee therefore requests the Government to indicate the measures taken to ensure that apprentices fully enjoy the protection provided by the Convention. The Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, the Government, in consultation with social partners, could agree on substantial equivalent measures applicable to apprentices, where needed, in accordance with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that the minimum age to be employed on board a Ghanaian vessel is 16 years old, as provided for by regulation 9 of the Shipping Regulations. The Committee, however, notes that, pursuant to section 118 of the Ghana Shipping Act, 2003, a person under the age of 18 shall not be employed in a Ghanaian ship except: (a) for work approved by the Authority on board a “school-ship” or “training ship”; or (b) where the Authority having due regard to the health and physical condition of that person and to the prospective and immediate benefit to that person of the employment, certifies that the employment will be beneficial to that person. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention. The Committee requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with Standard A1.1, paragraph 1, of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that regulation 9(1)(b) of the Shipping Regulations provides that a person under the age of 18 years shall not be employed on a ship where the work may jeopardize the health and safety of that person and that regulation 9(2) states that for the purpose of subregulation (1), the Authority shall specify in Maritime Circulars the kind of work that may jeopardize the health and safety of a person. Noting that the Government has not provided information on the adoption of this list, the Committee requests the Government to take the necessary measures to ensure that the list of types of hazardous child labour is prepared and adopted, thereby prohibiting hazardous types of work to children under 18 years and to provide information on the progress made in this regard.

Regulation 1.2 and Standard A1.2. Medical certificate. The Committee notes the provisions of Regulation 1.2 and Standard A1.2, namely: (i) the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); and (ii) the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee without prior permission by the competent authority (Standard A1.2, paragraph 5). The Government has not provided information in this regard. The Committee requests the Government to provide information on the measures envisaged to give effect to these requirements of the Convention.

The Committee further notes that regulation 10(7) of the Shipping Regulations is in conformity with respect to the periods of validity for medical and colour vision certificates, as provided for under the MLC, 2006. However it observes that the LI 1790 Merchant Shipping (Training, Certification, Manning and Watchkeeping) Regulations, 2004, does not have the same validity periods for examinations as the MLC, 2006, and does not specifically require a medical certificate. The Committee therefore requests the Government to indicate the measures taken to ensure that full effect is given to the MLC, 2006, with respect to periods of validity for medical and colour vision certificates.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that regulation 12(13) of the Shipping Regulations provides that a seafarer recruitment and placement service provider shall establish a system of protection, by way of insurance or an equivalent appropriate measure. The Committee requests the Government to provide detailed information on the system of protection established and its functioning in practice.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. While noting the regulatory provisions concerning private seafarers’ recruitment and placement services, the Committee observes that no information has been provided by the Government concerning existing machinery and procedures for investigating complaints about their activities, as required under Standard A1.4, paragraph 7, of the Convention. The Committee therefore requests the Government to provide information on the manner in which it implements this provision of the Convention.

Regulation 2.1, paragraph 1, and Standard A2.1. Seafarers’ employment agreements. Exceptions. The Committee notes, with respect to Seafarers’ employment agreements (SEAs), that section 112 of the Ghana Shipping Act, 2003, does not apply to ships under 24 metres in length, which are not engaged on international voyages and to vessels of any length trading or operating solely within the inland waters of Ghana. While noting that regulation 13(1) of the Shipping Regulations does not provide for these exceptions, the Committee observes that in case of contradiction, the Ghana Shipping Act, 2003, prevails over the Shipping Regulations. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. In the event of doubt, a determination may be made under paragraph 5 as to whether the Convention applies to a ship or particular category of ships. Article II, paragraph 6, provides additional flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tons (GT) that do not voyage internationally. This flexibility can only be exercised by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned for cases where it determines that it would not be reasonable or practicable to apply the details of the Code provisions concerned at the present time and that the subject matter of the relevant Code provisions is dealt with differently by national legislation or collective agreements or other measures. The Committee recalls that paragraph 6 does not provide for the exclusion of a ship, or a category of ships, from the protection offered by the Convention and, even if a determination has been made, it can only apply to details of the Code (the Standards and Guidelines). The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions and therefore requests the Government to harmonize its legislation to ensure full conformity with Regulation 2.1.

Regulation 2.1, paragraph 1, and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative and signed original. While noting that regulation 13(1) of the Shipping Regulations is in conformity with the provisions of Standard A2.1, paragraph 1(a) and (c), the Committee observes that the Ghana Shipping Act, 2003, contains several provisions which do not give effect to the requirements of the Convention. Section 108 of the Ghana Shipping Act, 2003, provides that the owner or master of every ship shall enter into an agreement with every seafarer whom the owner or master engages as one of the crew. The Committee also notes that section 112 of the Ghana Shipping Act, 2003, provides that, with respect to a crew agreement made in the case of a ship trading from and beyond the waters of Ghana, the agreement shall be signed in duplicate when the crew is first engaged, and one copy forwarded to the owner of the ship and the other retained by the master. The Committee recalls: (i) the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II and therefore that, in accordance with Standard A2.1, paragraph 1(a), every seafarer must have an agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer); and (ii) both the shipowner and seafarer concerned shall each have a signed original of the SEA (Standard A2.1, paragraph 1(c)). The Committee requests the Government to indicate the measures taken or envisaged to amend the Ghana Shipping Act, 2003, on order to put it in conformity with the Convention. It further requests the Government to provide an example of the standard form agreement.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. The Committee notes that regulation 13(9) of the Shipping Regulations reproduces the matters to be included in an SEA, as required under Standard A2.1, paragraph 4. However, it notes that the list of matters to be included in an SEA provided for under the Ghana Shipping Act, 2003, does not contain all the matters required by the Convention to be included in a SEA. The Committee therefore requests the Government to indicate the measures taken or envisaged to amend the Ghana Shipping Act, 2003, in order to give full effect to Standard A2.1, paragraph 4.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that regulation 13(11) of the Shipping Regulations provides that seafarers may give a notice period shorter than seven days “in exceptional circumstances”. The Committee recalls that, according to Standard A2.1, paragraph 6, in determining the circumstances in which a notice period shorter than the minimum may be given, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to specify what would be considered “exceptional circumstances” under regulation 13(11) of the Shipping Regulations and to indicate if compassionate reasons are taken into account.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment. Monthly account. While noting that regulation 14 of the Shipping Regulations implements the requirements of Standard A2.2, the Committee observes that the provisions of the Ghana Shipping Act, 2003, differ and do not specify that seafarers must be paid at no greater than monthly intervals and that they are to be given a monthly account of the payments due and the amounts paid. Recalling the importance to avoid inconsistencies between national provisions, the Committee requests the Government to indicate the measures taken to amend the Ghana Shipping Act, 2003 in order to give full effect to Standard A2.1, paragraphs 1 and 2.

Regulation 2.2 and Standard A2.2, paragraph 6. Wages. Deductions. The Committee notes that under section 126 of the Ghana Shipping Act, 2003, except in respect of a matter that happens after the delivery of account of wages, a deduction from the wages of a seafarer shall not be allowed unless it is included in the account delivered in pursuance of this Act. The Committee notes that Guideline B2.2.2, paragraph 4(h), provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective bargaining agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective bargaining agreements or court decisions for making such deductions. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h).

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that regulation 15(2) of the Shipping Regulations provides that seafarers receive a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. The Committee also notes that regulation 15(10) of the Shipping Regulations provides that a master may require a seafarer, to exceed the scheduled duty periods, where in the opinion of the master it is necessary in an emergency: (a) which threatens the safety of the ship; (b) which threatens the safety of a person on board the ship; (c) which may result in damage to cargo; or (d) for the purpose of giving assistance to other ships or persons in distress at sea. The Committee however observes that there is no provision with respect to compensatory rest for seafarers once the normal situation has been restored. The Committee recalls that pursuant to Standard A3.2, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. Therefore, the Committee requests the Government to take the necessary steps to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.4 and Standard A2.4. Entitlement to leave. Maximum period of service on board. The Committee notes that some provisions of section 144 of the Ghana Shipping Act, 2003 and regulation 16 of the Shipping Regulations give effect to the requirements contained in Regulation 2.4. The Committee notes, however, that according to section 144(1) of the Ghana Shipping Act, 2003, a seafarer is entitled after 12 months of continuous service on a Ghanaian ship, or for the same employer, to annual leave with pay, the duration of which shall be not less than 30 working days for each year of service. The Committee recalls that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to take the necessary measures to ensure conformity with Standard A2.4, paragraph 3 and Standard A2.5, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that regulation 16(4) of the Shipping Regulations provides that “Except in cases provided for by the Director-General, an agreement to forgo the annual leave entitlement under subregulation (3) is void.” The Committee recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. The Committee considers that this provision needs to be understood in a restrictive manner. In contrast, to read in this Standard a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. In this context, the Committee requests the Government to indicate whether the Director-General has authorized seafarers to forgo their annual leave and if that is the case, to provide detailed information about such cases.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes that, pursuant to regulation 17(3) of the Shipping Regulations, a shipowner shall provide the Authority with evidence of financial security sufficient to ensure that a seafarer who is engaged by that shipowner will be duly repatriated “at the end of the employment of the seafarer”. The Committee notes that this provision may be read in a restrictive manner thereby not including cases where a seafarer is entitled to repatriation in circumstances other than at the end of the employment of the seafarer, that is to say when the seafarer’s employment agreement is terminated by the shipowner or by the seafarer for justified reasons and also when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances (Standard A2.5.1, paragraph 1). The Committee requests the Government to indicate how it ensures that the financial security covers all the cases of repatriation foreseen in the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that neither the Ghana Shipping Act, 2003, nor the Shipping Regulations specifically provide for a maximum duration of service following which a seafarer is entitled to repatriation, as required under Standard A2.5.1, paragraph 2(b). It observes that section 144(1) of the Ghana Shipping Act, 2003, states that a seafarer is entitled after 12 months of continuous service on a Ghanaian ship, or for the same employer, to annual leave with pay. Referring to its comments under Standard A2.4, the Committee recalls that Standard A2.5, paragraph 2(b), provides that national laws or regulations, other measures, or collective bargaining agreements, should prescribe “the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months” and requests the Government to take the necessary measures to give effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 201 of the Ghana Shipping Act, 2003, defines a “proper return port” as: (a) the port at which a seafarer was shipped or engaged; (b) a port in the country to which the seafarer is ordinarily resident; or (c) in the case of a discharged seafarer, some other port agreed to by the seafarer at the time of the seafarer’s discharge as the place the seafarer desires to be discharged. However, the Committee observes that section 203(1) provides, when a question arises as to what return port a seafarer is to be sent or the route by which the seafarer should be sent, the question shall be decided by the Registrar of seafarers. The Committee recalls that Guideline B2.5.1, paragraph 7, states that seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated. The Committee therefore requests the Government to provide information as to how it has given due consideration to Guideline B2.5.1, paragraph 7.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7. Standard A2.7, paragraph 1. Manning levels. Adequate manning. The Committee notes that the Government has not provided an example of a safe manning document or its equivalent issued by the competent authority. The Committee stresses that the full assessment of the application of Regulation 2.7 requires the review of the supporting documentation listed in the report form. Therefore, the Committee requests the Government to communicate a copy of an example of a safe manning document or its equivalent.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that section 158(1) of the Ghana Shipping Act, 2003, provides that a Ghanaian ship of 1,000 GT or more, trading from and beyond the waters of Ghana, shall carry a duly certified ship’s cook. The Committee recalls that Regulation 2.7 applies to all ships that fly the flag of a Member and, with respect to the requirement for ships to carry a fully qualified cook, the only exception applies to ships operating with a prescribed manning of less than ten. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this requirement of the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. Requirements for ships constructed prior to the entry into force of the MLC, 2006. The Committee observes that Ghana has ratified the Accommodation of Crews Convention (Revised), 1949 (No. 92). However, it notes that the Government has not provided information as to how the relevant requirements in Convention No. 92 apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for Ghana. The Committee recalls that Regulation 3.1, paragraph 2, provides that, for ships constructed before the date of its entry into force, the requirements relating to ship construction and equipment that are set out in Convention No. 92 shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. The Committee requests the Government to provide detailed information concerning the implementing legislation for ships that continue to fall under the application of Convention No. 92.

Regulation 3.1 and Standard A3.1, paragraphs 2(a) and 17. Accommodation and recreational facilities. Occupational safety and health and accident prevention requirements. The Committee notes that the Government has not provided information as to how the provisions of the Shipping Regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take into account the requirements in Regulation 3.1 and the Code regarding occupational safety and health and accident prevention, as required under Standard A3.1, paragraphs 2(a) and 17. The Committee requests the Government to provide information in this respect.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspection. While noting that the Maritime Labour Certificate refers to additional inspections to be carried out for the purpose of verifying that the ship continues to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation), the Committee observes that there does not seem to be a provision in the Shipping Regulations implementing this requirement. The Committee requests the Government to provide information on how effect is given to the requirement of Standard A3.1, paragraph 3.

Regulation 3.1 and Standard A3.1, paragraph 19. Accommodation and recreational facilities. Variations. Religious and social practices. The Committee notes that section 29 of the Shipping Regulations allows for “fairly applied variations” in respect of the requirements concerning accommodation and recreational facilities, on condition that the variations do not result overall in the facilities being less favourable than those which would result from the application of the requirements. The Committee observes that this provision does not specify that these variations may apply where there is a need to take into account, without discrimination, the interests of seafarers having differing and distinctive religious and social practices and may therefore be read in a broad manner which may conduce to variations that are not permitted under Standard A3.1. The Committee requests the Government to explain how it ensures that these variations may only be permitted where there is a need to take into account, without discrimination, of the interests of seafarers having differing and distinctive religious and social practices as provided for under Standard A3.1, paragraph 19.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee notes that, pursuant to section 30(a) of the Shipping Regulations, the authority may exempt a ship not exceeding 200 GT from the requirement, among others, of Standard A3.1, paragraph 10, with respect to the floor area of mess rooms and paragraphs 14 and 15 with respect to recreational facilities, amenities and services. The Committee recalls that while certain limited exceptions are permitted under Standard A3.1, paragraph 20, for ships of less than 200 GT, paragraph 21 makes clear that any exemptions concerning the requirements of Standard A3.1 are limited to those expressly permitted under the Standard and only for certain circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee also notes that section 30(b) provides for other possible exemptions for ships of less than 3,000 GT and/or special purpose ships from the requirements of Standard A3.1, paragraph 11, with respect to sanitary facilities and paragraph 12 with respect to hospital accommodation. The Committee recalls that in the case of sanitary facilities, consideration, and not exemption, may be given by the competent authority to special arrangements or to a reduction in the number of facilities required for passenger ships normally engaged on voyages of not more than four hours duration. Finally, the Committee recalls that Standard A3.1, paragraph 21, provides that any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all exemptions to the application of the Regulations are made within the limitations provided for under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2, paragraph 1, and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. While noting that regulation 31(1) of the Shipping Regulations provides that a shipowner shall ensure that on board the ship the food and drinking water are of suitable quantity, nutritional value and quality, for the number of seafarers on board and the duration and nature of the voyage, the Committee observes that there is no reference to the requirement that the differing cultural and religious backgrounds of seafarers are taken into account when determining the suitability of food supplies. The Committee requests the Government to provide information regarding the measures taken in this respect.

Regulation 3.2 and Standard A3.2, paragraph 6. Food and catering. Dispensation permitting a non-fully qualified cook. The Committee notes that, pursuant to section 158 of the Ghana Shipping Act, 2003, where in the opinion of the Authority there is an inadequate supply of certified ships’ cooks it may exempt a particular ship from the requirements of this section for a specified period. The Committee also notes that, pursuant to regulation 31(2) of the Shipping Regulations, the Authority may permit a person who has not completed a training course approved or recognized by the Authority to serve as a cook in a specified ship until the next convenient port of call or for a period not exceeding one month. Recalling that dispensations may only be issued in circumstances of exceptional necessity for a limited period of time (not exceeding one month), provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling storage of food on board ship, as required under Standard A3.2, paragraph 6, the Committee requests the Government to indicate the measures taken to ensure that dispensations permitting a non-fully qualified cook to serve as a ship’s cook are limited to these cases.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government has not provided information on the measures adopted to give effect to Regulation 4.1, paragraph 3, regarding the obligation as a port State to ensure that seafarers on board ships in Ghanaian territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to provide information in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that the Government has not provided information as to how it gives effect to the requirement that a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to indicate how it ensures that the requirement under Standard A4.1, paragraph 4(d), applies to all ships voyaging in Ghanaian waters irrespective of the flag that they fly.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. While noting that regulation 33(8) of the Shipping Regulations gives effect to the requirement of Standard A4.2.1, paragraph 7, the Committee observes that section 148 of the Ghana Shipping Act, 2003, provides that the master may cause any of the effects of a deceased seafarer to be sold. The Committee recalls that Standard A4.2.1, paragraph 7, provides for shipowners or their representatives to safeguard the personal property of sick or injured or deceased seafarers and to return it to them or their next of kin. The Committee requests the Government to indicate the measures taken to amend the Ghana Shipping Act, 2003, to ensure full conformity with this requirements of the Convention.

Regulation 4.2 and Standards A4.2.1, paragraphs 8–14, and A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes that section 18(3) of the Regulations states that shipowners must provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. However, the Regulations do not contain provisions ensuring that all seafarers are covered by a financial security provider for contractual claims despite the fact that the Declaration of Maritime Labour Compliance (DMLC), Part I, states that shipowners shall ensure that seafarers are covered by a financial security provider for contractual claims which refer to any claim relating to death or long-term disability of a seafarer due to an occupational injury, illness or hazard and that a certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board.); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated? and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a sample of an existing certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. While noting that section 34 of the Shipping Regulations reproduces the provisions of Regulation 4.3, the Committee notes that the Government has not provided information on the laws and regulations and other measures adopted to implement Standard A4.3 on health and safety protection and accident prevention. The Committee recalls that member States are obliged to consult with the shipowners and seafarers organizations to develop national guidelines, laws, and regulations and other measures that apply on ships, and to regularly review and revise these instruments, as well as to carry out inspections on ships for compliance by shipowners with these national requirements. The Committee requests the Government to provide detailed information on: (i) any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3; (ii) the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement that a safety committee – including a seafarers’ representative – be established on all ships with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigation and statistics on occupational accidents, injuries and diseases in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes that in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. While noting that regulation 35(1) of the Shipping Regulations states that the provisions of the National Pensions Act, 2008 (Act 766) apply to a seafarer who is a citizen of this country or who is ordinarily resident in this country, the Committee also notes that regulation 35(2) provides that a shipowner, who employs a seafarer from a country that is not a party to the Convention, shall ensure that the seafarer is provided with access to social security protection as set out in Maritime Circulars. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, Standard A4.5, paragraph 6, provides that Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to specify whether maritime circulars have been adopted or are envisaged, in accordance with regulation 35(2) of the Shipping Regulations, to provide seafarers from countries that are not party to the Convention with access to social security protection.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006, on board. The Committee notes that the Shipping Regulations do not require that a copy of the Convention is available on board ships. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to report on how it ensures compliance with this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 254(4) of the Ghana Shipping Act, 2003, provides that the inspection of ships, with regards to the enforcement of the Regulations made under this Part, shall be carried out by a surveyor or subject to the conditions that the Director-General may impose, by a recognized organization or society for the classification of ships authorised by the Director-General. The Committee notes that the Government has not provided examples of agreements with recognized organizations nor information regarding the relevant provisions implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2, paragraphs 1 and 3. The Committee therefore requests the Government to provide copies of such agreements and to specify how effect is given to the requirements of Standard A5.1.3, paragraphs 1 and 3.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interval and scope of inspections. While noting that the Shipping Regulations implement some of the requirements of Standard A5.1.3 on the Maritime Labour Certificate and the DMLC, the Committee observes that these provisions do not specify the interval for prior, including when interim maritime labour certificates are issued, intermediate or renewal inspections for a new maritime labour certificate nor do they specify the scope of the inspection. The Committee therefore requests the Government to indicate how it gives effect to the requirements of the Convention with respect to the interval of inspections, as well as how it ensures that the 16 areas listed under Appendix A5-I of the Convention are subject to inspection.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Government has not provided a copy of the Maritime Labour Certificate and, while the DMLC, Part I, has been submitted (first schedule of the Shipping Regulations), it only provides the corresponding references of the Shipping Regulations to the 14 listed matters which are to be properly implemented on board ships, without providing information on the content of the national requirements. The Committee recalls that, pursuant to Standard A5.1.3, paragraph 10(a), the DMLC, Part I, shall identify the national requirements embodying the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements. Recalling that the examination of these documents is crucial to assess the correct implementation of the Convention, the Committee requests the Government to send them in the near future, as well as examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted when certifying ships.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. In the absence of information, the Committee recalls that this Standard provides for measures to be adopted to guarantee that inspectors have status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. In the absence of information, the Committee requests the Government to specify how it gives effect to the requirement of Standard A5.1.4, paragraph 12, according to which inspectors submit a report of each inspection to the competent authority, as well as a copy to the master of the ship and that another copy be posted on the ship’s notice board for the information of the seafarers, and upon request, sent to their representatives.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a standard form example of an SEA (Standard A2.1, paragraph 2(a)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it ; an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraphs 4 and 5); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b)); an example of a document (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services; the following statistical information: number of full-term (up to five years) maritime labour certificates currently in force and number of interim certificates issued during the period covered by this report in accordance with Standard A5.1.3, paragraph 5; an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the national interim Maritime Labour Certificate; a copy of the annual reports on inspection activities (Standard A5.1.4, paragraph 13), during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3); the country’s model for on-board complaint procedures (Standard A5.1.5, paragraph 4); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); and a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with regret that, again, the Government’s report contains no information regarding a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that since the adoption of the Labour Act in 2003, it has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention, providing for equal remuneration for “equal work”. The Committee notes with concern that the Government’s report merely repeats its previous indication that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value, but provides no details in support of this assertion and gave no indication that jobs of a completely different nature can be compared under the Act. The Committee emphasizes once more that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–679). Consequently, the Committee once again urges the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that a public service pay policy setting out a single spine salary structure was previously adopted and that all public service employees were to be brought under this structure by the end of 2012. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 subfactors. The Committee notes the documentation provided by the Government in its report, including a table entitled “Single spine salary structure”, a memorandum of understanding between the Fair Wages and Salaries Commission and the social partners, and a White Paper on the single spine pay policy. It notes however that the table “Single spine salary structure” provided does not contain information on the types of jobs that fall within each level of pay and thus does not allow the Committee to assess whether the method of evaluation of jobs used is effectively free from gender bias. The Committee therefore requests the Government to provide information on how it has classified jobs within the single spine salary structure, in order to allow it to assess the factors used to compare jobs and ensure that they are free from gender bias. Noting the absence of information provided in this regard, the Committee requests once more the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. It also reiterates its request for specific information on the number of men and women at each level of the pay structure. Finally, the Committee reiterates its request to the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service.

Article 2(2)(c). Collective agreements. For a number of years, the Committee has been commenting on collective agreements that contained provisions discriminating against women, in particular concerning the allocation of certain fringe benefits. The Committee notes that, once more, the Government’s report does not contain any specific information in response to the Committee’s requests in this regard. Therefore, once again, the Committee urges the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that provisions of collective agreements do not discriminate on the ground of sex. The Committee requests the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value, including objective job evaluation methods, through collective agreements. It also requests the Government to provide examples of collective agreements reflecting the principle enshrined in the Convention.

Article 3. Objective job evaluation in the private sector. In its previous comments, the Committee requested the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay between men and women. The Committee notes that the Government’s report is silent on this point. However, its notes from the sixth round of the Ghana Living Standards Survey, published in 2014, that the hourly earnings of men in the various occupational groups remain higher than those of women except for clerical support workers. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraphs 695–703). Consequently, the Committee once again requests the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay, and to provide information on the progress made in this regard. Once more, it requests the Government to provide updated information on the gender pay gap in the private sector, including statistical information based on the results of the recent Ghana Living Standards Survey.

Article 4. Tripartite cooperation. Noting the lack of new information provided in this regard, the Committee once again recalls the important role of the employers’ and workers’ organizations in promoting the principle of the Convention. The Committee therefore requests the Government to provide specific information on the concrete steps and action undertaken to promote the principle of the Convention, and the results of such initiatives. The Committee also requests the Government to indicate whether equal remuneration between men and women has been discussed specifically within the National Tripartite Committee, and how the principle has been taken into consideration in the establishment of the minimum wage.

Enforcement. In its previous comments, the Committee noted that the National Labour Commission and the Fair Wages and Salaries Commission deal with issues pertaining to grievances of workers, particularly those regarding equal remuneration and that an Alternative Dispute Resolution Centre, pursuant to the Alternative Dispute Resolution Act of 2010, serves as an additional forum to deal with complaints regarding remuneration. The Committee notes the Government’s repeated indication that there have been no cases brought forward on the issue of equal remuneration between men and women workers for work of equal value. In this regard, the Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). Therefore, the Committee requests the Government to take steps to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In addition, the Government is asked to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating to equal remuneration for men and women for work of equal value.

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

Prospects for the ratification of the most up-to-date Convention. The Committee previously noted the Government’s indication that the diverse ethnic groups existing in the country were nationally integrated and enjoyed the same rights against discrimination as all citizens, as well as the Government’s will to ensure respect for customs and traditions of all ethnic groups. The Government further indicated that the invitation to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised Convention No. 107, had been communicated to the sector ministry for consideration.

In its report, the Government indicates that it will commence consultation to review the ratification of Convention No. 169 and will provide information to the Committee in the next report. The Committee welcomes this information. It recalls that, at its 328th Session in November 2016, the Governing Body requested the Office to commence follow-up with the Member States bound by Convention No. 107, encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area. In this regard, the Committee observes that, in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169 (see document GB.334/POL/2). In these circumstances, the Committee reminds the Government of the possibility of availing itself of ILO technical assistance and encourages it to continue taking steps with a view to undertaking the consultations for the possible ratification of Convention No. 169, which is the most up-to-date instrument in this subject area.

Articles 1 and 2 of the Convention. General principles. Improvement of standards of living. The Government indicates that all policies directed to the well-being and development of the population have been taken into account in the development of its economic programmes and poverty reduction strategy. The Committee takes note of a number of measures taken and implemented to alleviate poverty and ensure the improvement of standards of living, including the National Health Insurance Scheme, the Livelihood Empowerment against Poverty programme, the Youth Entrepreneurship Support programme, the Small and Medium Enterprises package, as well as education and infrastructure measures. The Committee requests the Government to continue to provide information on the measures taken to ensure that the general principles and basic aims of the Convention are taken into account in the development and implementation of the measures taken under its economic and social programmes and remain a key component of its poverty reduction strategy. The Committee also requests the Government to provide updated information on both the nature and the impact of the measures implemented, as well as to describe the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development”.

Article 11(1), (4), (6) and (7). Remuneration of workers. Proper payment of all wages. Prohibition of substitution. Regular payment. Assessment of the adequacy and cash value assessment of payments in kind. The Government indicates that the Labour Department carries out workplace inspections in which employers are required to provide copies of staff payrolls to show that they comply with the provisions of the Convention and national law. In this regard, the Government refers to Part IX of the 2003 Labour Act on the protection of remuneration. The Committee notes that the provisions contained in the Labour Act essentially prohibit employers from replacing payment of wages in money with payment in alcoholic beverages. The Government refers in particular to section 71, which provides that, where an employer establishes a store for the sale of commodities to workers or operates a service for them, the employer shall not coerce the workers to make use of the store or service. The Government adds that section 16 of the 2003 Labour Act provides that remuneration is executed on a regular basis, usually monthly or weekly, or every two weeks, depending the type of contract and institution of employment. Some establishments also provide free meals to their workers. The Committee requests the Government to clarify what measures have been taken in order to prohibit the replacement of money payments by payment in alcoholic beverages and to ensure that food, lodging and other essential supplies and services provided which form part of the remuneration are adequate and that their cash value is properly assessed. The Government is requested to provide information with respect to any procedure or claim before the labour inspection of the Labour Commission or related to these issues.

Articles 11 (8) and 12. Deduction from wages. Advances on wages. In its report, the Government refers once again to section 69 of the 2003 Labour Act, which provides that an employer shall not make a deduction in anticipation of the regular period of payment of remuneration. In its previous comments, the Committee noted the Government’s indication that, when a worker is aggrieved by a deduction to wages made by his or her employer and is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Labour Commission in order to seek redress. As regards advances on wages, the Committee recalls the Government’s indication that labour inspectors ensure that the abovementioned measures are enforced through established inspections. The Committee notes that the Labour Inspection and the Labour Commission establish the facts of reported alleged wrong deductions through investigation. Once the Labour Commission concludes the investigation both parties are invited for a hearing, after which the Commission makes a ruling. The Government indicates that as a last resort, cases can be submitted to the Labour Court. The Committee requests that the Government provide information on the manner in which the Labour Inspection and the Labour Commission have applied Article 12 of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken to address the COVID-19 pandemic as well as on the impact of such measures on the implementation of the Convention.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Policy concerning nursing services and personnel. The Committee notes the indication by the Government in its report that a new Human Resource Strategic Plan for the Health Sector is under preparation. The Committee requests the Government to provide a copy of the latest version of the Human Resource Strategic Plan for the Health Sector.

Article 2(2)(b). Employment and working conditions of nursing personnel. In response to its previous request regarding the progress made under the Migration for Development in Africa (MIDA) Ghana Health Project, the Committee notes the Government’s report which states that the Fair Wages and Salaries Commission migrated 99 per cent of the public sector workers into the Single Spine Salary Structure, including nursing personnel, which has improved their conditions of service. The Government also states that it is addressing the migration issue by focusing on the nursing personnel’s wages and salary concerns through the introduction of the Public Sector Pay Policy (2009) and the MIDA Ghana Project. It adds that employers’ and workers’ organizations were involved in the process.

Article 3(1). Education and training of nursing personnel. In response to its previous comment concerning the decrease in the registration of nurses and midwifery personnel, the Committee notes the Government’s indication that it was a result of its own constant failure to implement the Single Spine Pay Policy but hopes that these concerns have now been addressed. The Committee requests the Government to indicate the concrete measures taken in this regard.

Article 5(2). Negotiated determination of conditions of employment of nursing personnel. The Committee notes the information provided by the Government in its report that a collective bargaining agreement has been issued to the Ghana Registered Nurses Association (GRNA) mandated to negotiate for better conditions of service on their behalf. The Committee requests the Government to provide a copy of the abovementioned collective bargaining agreement and any other collective bargaining agreements with other organizations representing nurses.

Article 7. Occupational safety and health of nursing personnel. In its previous comment, the Committee noted that the National Workplace HIV/AIDS Policy is of general applicability and covers nursing personnel. It recalls, however, that particular protection is required for nursing personnel who work directly with patients with HIV/AIDS. It notes that the Government’s report does not provide any information on this matter. The Committee once again requests the Government to provide additional information on any progress made with regard to the adoption of specific measures for the protection of nursing personnel who work directly with patients with HIV/AIDS.

Article 1(a) of the Convention. Sanctions involving compulsory labour for violations of legislation on the press and communications. In its previous comments, the Committee noted that section 3 of the Newspaper Licensing Decree, 1973 which establishes penal sanctions involving compulsory labour for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing, is incompatible with Article 1(a) of the Convention. The Committee requested the Government to indicate whether or not the Newspaper Licensing Decree of 1973 had been amended.

The Committee notes with interest the Government’s indication in its report that the Newspaper Licensing Decree of 1973 has been repealed by the Newspaper Licensing (Repeal) Decree of 1979. Moreover, newspaper licensing is not required as per section 162(3) of the Constitution of 1992 which states that “there shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information”.

Article 1(c). Disciplinary measures applicable to seafarers. In its previous comments the Committee observed that the penal sanctions for disciplinary offences under the Merchant Shipping Act No. 645 of 2003 involved compulsory prison labour. It noted that according to section 168(1)(b) and (e), seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months. The Committee requested the Government to take the necessary measures to review the above provisions.

The Committee notes the Government’s statement that measures are under way to review the Merchant Shipping Act of 2003. In this regard, referring to its General Survey on the fundamental Conventions, 2012, paragraph 312, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to review sections 168(1)(b)(e) and 169(1) and (2) of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that National Plan of Action 2009–15 (NPA1) for the elimination of the worst forms of child labour was under review. The Committee requested the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

The Committee notes from the Government’s report that a National Plan of Action Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2) has been approved by the Cabinet and disseminated to various stakeholders for implementation. The Committee notes that according to the NPA2 document, significant gains were made within the framework of the NPA1, including: the introduction of the Ghana Child Labour Monitoring System; the development of the Hazardous Activity Framework (HAF) and the Standard Operating Procedures (SOP) for addressing child labour issues; and the establishment of 100 Community Child Protection Committees and District Child Protection Committees in 40 districts. However, this document indicates that the overall impact of the NPA1 was below expectation and that an estimated 21.8 per cent (1.9 million) children aged 5–17 years are engaged in child labour of which 14.2 per cent (over 1.2 million) are involved in hazardous work. The Committee further notes from the Understanding Children’s Work report of 2016 (UCW report) entitled Child Labour and the Youth decent work deficit in Ghana, that more than one in five children aged 5–14 years (almost 1.5 million) children are involved in child labour. The Committee must express its deep concern at the high number of children under the minimum age for admission to work of 15 years who are engaged in child labour, including in hazardous work. The Committee urges the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, including within the framework of the NPA2, 2017–2021. It requests the Government to provide specific information on the concrete measures taken in this regard as well as the results achieved. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. With regard to the determination and adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Articles 7(3). Determination of light work activities. In its previous comments, the Committee noted that Hazardous Child Labour Activity Framework had set out certain conditions for light work for children of 13 years of age. The Committee requested the Government to take the necessary measures to specify the types of light work activities that are permitted for young persons between the ages of 13 and 15.

The Committee notes that the Government’s report does not provide any information in this regard. The Committee therefore once again requests the Government to take the necessary measures to determine the types of light work activities permitted for young persons between the ages of 13 and 15, as required by Article 7(3) of the Convention. It also requests the Government to indicate the measures taken or envisaged to adopt the conditions of light work provided by the Hazardous Child Labour Activity Framework into law and to provide a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. In its previous comments, the Committee noted the Government’s indication concerning the lack of capacity and logistical deficiencies for labour inspection and its commitment in establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. It requested the Government to provide information on the measures taken in this regard.

The Committee notes the information provided by the Government on the basic structure and functioning of the labour inspection system in the country. It also notes the Government’s information that labour inspection forms have been reviewed to include triggers that will require inspectors to collect more information on children detected to be employed. The Committee further notes the Government’s statement that no contravention regarding the employment of children in the formal sector was reported. However, children are engaged in work in the informal sector and that measures are being taken to sensitize this sector through the social partners. In this regard, the Committee notes that according to the UCW report, the largest share of children in child labour work in the agricultural sector (80 per cent) followed by services and manufacturing. The Committee further recalls its reference under the Labour Inspection Convention, 1947 (No. 81), adopted in 2019, to the statement in Ghana’s National Employment Policy that despite efforts to revamp the labour administration system, challenges persist, including ineffective labour inspection, inadequate staff for labour administration institutions and inadequate logistics for inspection and enforcement. The Committee draws the Government’s attention to its most recent comments under Convention No. 81 and urges it to strengthen the functioning of the labour inspectorate by increasing the number of labour inspectors as well as by providing them with additional means and financial resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. Furthermore, it urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspection services to ensure the monitoring of child labour in the informal economy in order to ensure that these children are afforded the protection set out in the Convention. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Comments adopted by the CEACR: Ghana

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C107 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Ghana

Display the list by:

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C107 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)