Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous observation and previous direct request

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee notes the revision in 2019 of the Criminal Code. It notes that section 342 of the revised Criminal Code defines trafficking in persons as: the recruitment, transport, transfer, accommodation or reception of a person in exchange for remuneration or any other consideration, or for the promise of remuneration or other consideration, in order to place that person at the disposal of an identified or unidentified third party so as: (1) to allow the commission against that person of the offences of procuring, sexual assault and the exploitation of begging or living or working conditions inconsistent with human dignity; or (2) to compel that person to commit any such offence, or to assist him or her in immigrating or emigrating. The Committee notes the Government’s indications, in its report, that section 343 of the revised Criminal Code provides for penalties of imprisonment of up to seven years with a fine of 1 million CFA francs (approximately US$1,700) for crimes of trafficking involving adult victims and imprisonment of up to 15 years with a fine of up to 100 million CFA francs (approximately US$173,000) for trafficking involving victims who are minors.

The Committee takes due note of the Government’s indication that measures have been taken to improve the functioning of the justice system and that some 50 magistrates received training to strengthen their competence in ruling on crimes of trafficking in persons under the Criminal Code. The Government also indicates that in order to improve intersectoral coordination, 70 actors from law enforcement, social services and civil society received training in investigations into trafficking in persons. The Government indicates that the police opened 17 investigations into reported cases of child trafficking in 2018, and three into forced labour of children in 2019. The Government adds that, in 2019, the Ministry of Justice referred 20 cases of child trafficking to the Prosecutor’s Office. Also in 2019, one perpetrator of trafficking was found guilty by the court and another presumed perpetrator of trafficking was absolved.

The Committee notes the Government’s acknowledgement that there are difficulties in applying the Convention in the informal sector. The Committee notes that, according to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), Gabon continues to be a country of transit and destination for trafficked women and girls, mainly for purposes of labour and sexual exploitation, including in mines, disproportionately affecting migrant women and girls (CEDAW/C/GAB/CO/7, 1 March 2022, paragraph 20). While noting certain measures taken by the Government, the Committee requests the Government to continue taking the necessary steps to ensure that thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, are carried out and completed, and to ensure that sufficiently effective and dissuasive penalties are imposed on them. The Committee requests the Government to provide concrete information on the application of provisions relating to this worst form of child labour, by transmitting statistics on the number of convictions handed down and the criminal penalties imposed.

Articles 5 and 6. Monitoring mechanisms and programmes of action. The Committee notes that the Government has not responded to its previous requests, particularly on: (1) the measures taken to ensure that the watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country, can better detect cases of trafficking of children under 18 years of age; and (2) the role and activities of the Council to Prevent and Combat the Trafficking of Children and the Interministerial Committee to Combat the Trafficking of Children. It notes the Government’s indication that, in 2019, it: (1) organized an awareness-raising campaign to combat trafficking and other forms of violence against children, reaching 861 people; (2) provided training for social workers and first responders on child protection issues, particularly trafficking in persons, in the province of Ogooué Ivindo, in the north-east of the country; and (3) supported the awareness-raising campaign of a Gabonese NGO in Libreville by providing access to official sites. The Government also indicates that it approved the national action plan against trafficking in early 2020. However, the Committee notes that, according to the 2022 concluding observations of CEDAW: (1) there is a lack of data on the extent of trafficking in persons and an absence of specific procedures in place for the early identification of victims and national referral mechanisms for protection and assistance; and (2) there is an absence of a national anti-trafficking plan and of a functioning interministerial committee to coordinate the national anti-trafficking response (CEDAW/C/GAB/CO/7, paragraph 20). It also notes, according to the Government’s report under the application of the Minimum Age Convention, 1973 (No. 138), that in 2017, the authorities identified 65 child victims of trafficking and, in 2018, 50 child victims. The Committee notes that, according to the Government’s report to the Human Rights Council for the Universal Periodic Review, a text on the establishment, powers, organization and functioning of a national commission to prevent and combat trafficking in persons in Gabon is being drafted. The goal is to have a single national body responsible for dealing with trafficking in persons in Gabon that will implement the existing national programme (A/HRC/WG.6/42/GAB/1, 28 October 2022, paragraph 72). The Committee requests the Government to take the necessary measures to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to continue to provide information on the number of child victims of trafficking who have been identified, and on the activities undertaken. The Committee also requests the Government to provide information on: (i) the role and recent activities of the Council to Prevent and Combat the Trafficking of Children and the Interministerial Committee to Combat the Trafficking of Children; and (ii) the progress made in establishing a national commission to prevent and combat trafficking in persons.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Government indicates that in 2018, 30 children were removed from situations of forced labour. The Government also indicates that it is funding two reception centres run by NGOs for comprehensive services for victims of trafficking, orphans and street children, in particular by financing social workers, medical assistance, psychological services, legal assistance and school fees. The Committee notes that, according to the Government’s report for the Universal Periodic Review, the responsibilities of the Centre for Children in Difficult Circumstances henceforth include the provision of support for child victims of trafficking, and that qualified civil servants have been seconded to a private transit centre that takes in child victims of trafficking (A/HRC/WG.6/42/GAB/1, paragraph 69). While noting the number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to continue to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee notes the Government’s indication that specific cooperation agreements with Togo, Benin and Burkina Faso are being drawn up to improve coordination in combating child trafficking. The Government adds that draft trilateral agreements are envisaged to include transit countries, thereby strengthening the legal effects. In its report for the Universal Periodic Review, the Government indicates that it faces major challenges, including lack of genuine cooperation among countries of origin, transit countries and Gabon – as the country of destination – with regard to prevention, and the weakness of tools and services for support and protection, the effectiveness of which essentially depends on cooperation among all national and international actors (A/HRC/WG.6/42/GAB/1, paragraph 70). The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.

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