Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Guinea Ecuatorial (Ratificación : 2001)

The Committee notes with deep concern that the Government’s report has not been received since 2007. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted Act No. 1/2004 on the illicit trafficking of persons and migrants, section 3 of which criminalizes the trafficking of persons for sexual and labour exploitation, and establishes penalties of imprisonment (from 10 to 15 years of lesser imprisonment – reclusión menor) for the perpetrators. It noted that, under section 10(c) of the Act, committing the crime of trafficking in persons in respect of persons under 18 years of age is an aggravating factor which adds five more years of imprisonment in addition to the main penalty. The Committee notes that the Human Rights Committee, in its concluding observations on Equatorial Guinea of 2019, expressed concern at the extent of the trafficking of boys and girls for economic and sexual exploitation (CCPR/C/GNQ/CO/1, paragraph 42). The Committee urges the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons engaged in the trafficking of boys and girls for economic and sexual exploitation. The Committee requests the Government in this respect to provide information on the number and nature of the violations relating to the trafficking of persons under 18 years of age that are penalized under section 1 of Act No. 1/2004 on the illicit trafficking of persons and migrants, including information on the number of persons convicted and the penalties handed down.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee notes that, under the terms of section 452bis(b)(1) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, anyone who promotes or facilitates the prostitution of a person under 23 years of age shall be liable to a sentence of lesser imprisonment. In accordance with section 30 of the Penal Code, lesser imprisonment consists of between six months and one day and six years of imprisonment. It also notes that section 452bis(e) of the Penal Code provides that anyone with a young person under their authority who comes to know of the latter’s prostitution and does not take action to prevent the continuation of the situation, and who does not warn or place that person at the disposal of the authorities, shall be liable to greater arrest (arresto mayor). Under the terms of section 30 of the Penal Code, greater arrest consists of between one month and one day and six months of detention. The Committee requests the Government to provide information on the effect given in practice to sections 452bis(b)1 and 452bis(c) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, in relation to cases in which the victims are under 18 years of age, including information on the number of violations detected, the persons convicted and the penalties imposed.

2. Pornography. In its previous comments, the Committee noted the absence of provisions in the national legislation prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances, and it requested the Government to provide information on the measures adopted to prohibit and punish this practice In view of the absence of information on the adoption of national legislation in this respect, the Committee urges the Government to take the necessary measures to prohibit and punish the use, procuring or offering of children for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested the Government to take measures to prohibit the use, procuring or offering of a child for illicit activities. In view of the absence of information on the national legislation that prohibits and punishes the perpetrators of this form of child labour, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Determination of types of hazardous work. With regard to the adoption of a list of hazardous types of work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 19 of Act No. 1/2004 on the illicit trafficking of persons and migrants provides for the creation, under the Ministry of Justice, Religion and Prisons, of an Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children as an advisory body to the Government with responsibility for coordinating the action undertaken by the State to combat the trafficking, exploitation and sexual abuse of women, girls and boys. The Committee once again requests the Government to provide information on the action taken by the Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children to combat the worst forms of child labour. The Committee also requests the Government to indicate whether other mechanisms exist to ensure the application of the provisions of the Convention and, if so, to provide information on their areas of competence and methods of work.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide information on the programmes of action implemented with a view to the elimination of the worst forms of child labour. The Committee requests the Government to take the necessary measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7(1). Penalties. The Committee notes that section 4 of Act No. 1/2004 on the illicit trafficking of persons and migrants provides that the use of boys and girls by their parents for the ambulant sale of goods and other work during school hours and at night is punishable by a sentence of between one month and one year of lesser imprisonment and a fine. Section 5 of the Act provides for the same penalty for any person who employs, offers or allows a minor to undertake work on their own account or for others in formal or informal trading. The Committee requests the Government to provide information on the effect given in practice to sections 4 and 5 of Act No. 1/2004 on the illicit trafficking of persons and migrants, including indications of the number and nature of the violations detected, and the penalties handed down.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee requested the Government to provide information on the policies, plans and programmes to prevent and assist child victims of trafficking in persons adopted under section 14 of Act no. 1/2004 on the illicit trafficking of persons and migrants. In view of the absence of information in this regard, the Committee urges the Government to adopt without delay effective and time-bound measures to prevent children becoming victims of the worst forms of child labour.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee previously noted that section 13 of Act no. 1/2004 on the illicit trafficking of persons and migrants provides that boys, girls and young persons who are victims of trafficking in persons may receive psychological and other assistance required for their protection taking into account their age and sex. The Committee requests the Government to provide information on the measures adopted to remove children from the worst forms of child labour and provide for their effective rehabilitation and social integration, including the assistance measures adopted under section 13 of Act No. 1/2004 on the illicit trafficking of persons and migrants.

Clause (c). Access to free basic education. The Committee notes that, according to the Statistical Yearbook of Infant, Pre-school, Primary and Secondary Education and Technical Vocational Education, School Year 2018-18, published by the Ministry of Education, University Teaching and Sport, during the period 2018-19, the percentage of children enrolled for primary education (from 7 to 12 years of age) was 51.1 per cent for boys and 48.9 per cent for girls (page 65). The Committee also notes that, according to the Statistical Yearbook, at the national level, 74 of every 100 primary schools lack drinking water and 63.9 per cent do not have access to electricity (pages 107 and 109). The Committee recalls that access to free basic education is essential both to prevent the engagement of children in the worst forms of child labour and to contribute to the rehabilitation and social integration of children removed from these occupations. The Committee therefore requests the Government to take the necessary measures to improve the access of boys and girls to free basic education, including measures to improve the infrastructure of the education system. The Committee also requests the Government to provide updated information on the rates of school enrolment, attendance and completion at the primary and secondary levels, and on school drop-out rates.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans and other vulnerable children. In its previous comments, the Committee noted the rise in the number of children who had lost their parents as a result of HIV/AIDS and requested the Government to provide information on the specific time-bound measures taken to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour. The Committee notes that, according to UNAIDS information, in 2020, the number of child HIV/AIDS orphans between 0 and 17 years of age was estimated to be 26,000. The Committee once again requests the Government to take effective and time-bound measures to prevent child HIV/AIDS orphans from becoming victims of the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted the presence in the streets of many children working as ambulant vendors, many of them of foreign nationality, and it requested the Government to take the necessary measures to protect street children from the worst forms of child labour. The Committee urges the Government to take effective and time-bound measures to prevent street children from becoming victims of the worst forms of child labour.

Clause (e). Special situation of girls. In its previous comments, the Committee noted the existence of girls engaged in domestic work and requested the Government to provide information on the measures taken to provide them with care and to protect them from the worst forms of child labour. The Committee requests the Government to indicate whether girls continue to be engaged in domestic work in the country and, if so, to indicate the measures adopted to prevent girls under 18 years of age from being victims of the worst forms of child labour.

Article 8. International cooperation. The Committee noted previously that Equatorial Guinea is a member of INTERPOL, which has an office in Malabo. It also noted that section 16 of Act No. 1/2004 on the illicit trafficking of persons and migrants envisages the possibility of having recourse to international cooperation with a view to developing policies and programmes to prevent and combat trafficking in persons. The Committee requests the Government to indicate the international cooperation activities with other countries or international organizations, including INTERPOL, in the field of action to combat trafficking in persons under 18 years of age for economic or sexual exploitation. The Committee also requests the Government to provide information on any other programme of international cooperation intended to reduce poverty and combat the worst forms of child labour.

The Committee encourages the Government to have recourse to ILO technical assistance to bring its law and practice into conformity with the Convention.