Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cameroun (Ratification: 2002)

The Committee takes note of the communication of 17 October 2008 from the General Confederation of Labour – Liberty of Cameroon (CGTL) and the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that Cameroon’s legislation appeared not to contain provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances. It noted that a Child Protection Code was to be enacted and would take account of child pornography. The Committee notes the information sent by the Government to the effect that it undertakes to send the abovementioned Code to the Office as soon as it is adopted. The Committee expresses the firm hope that the Child Protection Code will prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances. It asks the Government to take the necessary steps to ensure that the Code is adopted in the near future and to provide a copy of it as soon as it is adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously the Government statement that Act No. 2005/015 of 20 December 2005 to combat the trafficking of children applies to the use, procuring or offering of children under 18 years of age for illicit activities. The Committee notes that the Government indicates more particularly that section 2(d) of this Act covers the illicit activities about which the Committee has been expressing concern. The Committee notes that section 2(d) of the Act states that the exploitation of children “shall cover at least the exploitation and procuring of children or all other forms of sexual exploitation, the exploitation of children’s labour or forced services, slavery or practices similar to slavery, servitude or the removal of organs”. The Committee reminds the Government that, according to Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities is among the worst forms of child labour and so must be expressly prohibited by the national legislation. The Committee requests the Government to take the necessary steps to prohibit by law the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs or for begging.

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that the Labour Code does not apply to children under 18 years of age who are engaged in hazardous work outside a contractual employment relationship. The Committee notes the information sent by the Government in its report that the Ministry of Social Affairs has set up provincial monitoring brigades to combat the use of children in hazardous work including children who work outside a contractual employment relationship. The Committee notes that according to the CGTL, the provincial brigades do not work side by side with labour inspectors or workers’ organizations. The CGTL indicates that it plans to find out how the brigades operate. The Committee once again requests the Government to provide more detailed information on the operation of the provincial brigades, particularly in terms of the number of children who have been found working outside a contractual employment relationship.

Article 4, paragraphs 1 and 3. Determining hazardous types of work or employment and periodic review. In its previous comments, the Committee noted that Order No. 17 on child labour, issued on 27 May 1969, provides for a list of jobs prohibited for children under 18 years of age.

The Committee notes that the CGTL states in its comments that Order No. 17 was issued following consultation with the only trade union that existed at the time, before the Convention was adopted. It further indicates that no more recent consultations have been organized with employers’ and workers’ organizations for the purpose of determining hazardous types of work.

The Committee observes that Order No. 17 was adopted more than 30 years ago. It draws the Government’s attention to Article 4, paragraph 3, of the Convention, which calls on the Government to examine and review periodically the list of the types of work or employment referred to in Article 3(d), of the Convention, in consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to take steps to review the list of jobs which are prohibited for children under 18 years of age after consultation of the employers’ and workers’ organizations concerned.

Article 5. Monitoring mechanisms. 1. Sale and trafficking of children. 
(i) Monitoring system. In its previous comments, the Committee noted that the synthesis reports on the ILO–IPEC subregional project to combat the trafficking of children in West and Central Africa (LUTRENA) issued in March and September 2006, show that a system for monitoring child trafficking has been set up in the country. It also noted that a vice squad has been established at BCN-Interpol in Yaoundé to combat the trafficking, exploitation and abuse of children.

The Committee notes that, according to the CGTL, no extracts have been produced from reports or documents pertaining to the operation of the vice squad. The Committee notes the Government’s statement that as well as the monitoring carried out by the vice squad, a number has been made available to encourage the public to report such abuse anonymously and that BCN-Interpol has set up a round-the-clock answering service to receive these calls. The Government further indicates that three contact officers are on permanent standby to carry out investigations. The Committee further notes that according to the report on the ILO–IPEC project “Combating the trafficking of children for the purpose of exploiting their labour by reinforcing the national legislation on trafficking and the relevant institutional capacity to secure effective application of the law”, which covers the period from 1 September 2006 to 28 February 2007, six vigilance committees were established with the aim of involving the communities in observation and surveillance work. Special training has been devised to build the capacity of the members of these committees. The Committee again asks the Government to provide information on the running of the vice squad, including extracts of reports or documents. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been identified by the call-in system set up by BCN-Interpol and by the vigilance committees and who have been rehabilitated and integrated in society.

(ii) Police. The Committee notes from a document entitled “The role of the police in managing the trafficking, smuggling and domestic exploitation of children”, the Cameroon police has focused its work on prevention, punishment and rehabilitation so as to combat child trafficking effectively in accordance with the Act to combat child trafficking. To this end, in the area of prevention, the police is engaged in raising public awareness through the media and in the surveillance of public places and of borders. Its law enforcement work consists in making the victims safe and gaining their trust, reporting the offence and gathering evidence, tracking down the perpetrators and their accomplices and bringing them before the appropriate judicial body. In the rehabilitation phase the police assist, inter alia, in repatriating the victims, returning them to their families if the latter are not implicated in the trafficking or else handing them over to appropriate institutions with a view to their social integration. The Committee requests the Government to provide information on the number of investigations conducted by the police and the number of offences reported under the Act to combat the trafficking of children.

2. System for monitoring child labour in plantations. In its previous comments, the Committee noted that, under the ILO–IPEC regional programme to combat hazardous work and the exploitation of child labour in cocoa plantations and commercial agriculture in West and Central Africa (WACAP), a child labour monitoring system has been established. The Committee notes from WACAP’s synthesis report No. 4 on the child labour monitoring system that the system requires the participation of all strata of society from community to government level and aims in particular: to raise public awareness of the problem of child labour; to identify child workers engaged in agriculture and cocoa plantations and determine the risks to which they are exposed; to refer the children thus identified to institutions providing social protection services; to ensure that the children are withdrawn from work or, in the case of those allowed to work, that they are not exposed to any occupational risks. The Committee requests the Government to provide information on the number of children in cocoa plantations in Cameroon who have been identified by this monitoring system and withdrawn from work and subsequently referred to social protection institutions.

Article 6. Programmes of action. 1. National programme of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that a national action programme for the elimination of the worst forms of child labour was to be formulated. It noted that a National Steering Committee has been established to implement the ILO–IPEC programmes. It expressed the hope that in the course of its work the steering committee would formulate a national action plan to abolish the worst forms of child labour.

The Committee notes that in its comments the CGTL expresses the hope that the National Steering Committee will formulate a policy and a national action plan to combat child labour. The Committee observes in this connection the Government’s statement that it has taken note of the Committee’s recommendations. The Committee therefore requests the Government to take steps to ensure that a national action plan is drawn up for the elimination of the worst forms of child labour and requests the Government to provide information on progress made in this respect. Moreover, it requests the Government to provide information on the operation of the National Steering Committee and the work it has undertaken to abolish the worst forms of child labour.

2. National policy to combat the trafficking of children for the purpose of exploiting their labour. The Committee noted previously a study carried out by ILO–IPEC–LUTRENA in 2005 on the trafficking of children for the exploitation of their labour in Cameroon. It noted in particular that one of the study’s recommendations is that a national policy should be formulated to combat the trafficking of children for the exploitation of their labour. The Committee notes that the Government says nothing of this matter in its report. It further notes that Cameroon is no longer involved in the LUTRENA project. Consequently, the Committee urges the Government to take measures to ensure that a national policy to combat the trafficking of children for the purpose of exploiting their labour is adopted, and to provide information in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them therefrom. 1. Sale and trafficking of children. In its previous comments, the Committee noted that a study carried out by ILO–IPEC–LUTRENA on the trafficking of children for the purpose of labour exploitation in Cameroon recommended improving knowledge and understanding of the phenomenon of trafficking, changing public attitudes and encouraging greater mobilization of the authorities, civil society, trade unions and families.

The Committee notes that Cameroon is no longer involved in the LUTRENA project. It notes, however, from the synthesis report on the ILO–IPEC project on combating the trafficking of children for the purpose of labour exploitation by reinforcing the national legislation against trafficking and the relevant institutional capacity for effective application of the law, covering the period from 1 September 2006 to 28 February 2007, four action programmes have been implemented, two for the reintegration of child victims of trafficking and two for training and awareness raising. In the context of these action programmes, 161 children have been identified either as victims or at risk of trafficking and have been enrolled in primary school or vocational training programmes. Furthermore, two workshops have been organized to raise awareness among the communities and traditional chiefs. In all, the action programmes have assisted some 246 children and provided 678 educational or other services. The Committee also notes from the information sent by the Government that brochures about child trafficking and the rights of children were produced for the African Children’s Day, held on 16 June 2007. The Government also states that Decree No. 2001/109/PM of 20 March 2001 on the organization and running of public institutions to support socially maladjusted children provides for the creation of reception and transit centres and accommodation centres. As more and more centres open, children who have fallen victim to trafficking and exploitation will have access to temporary psycho-social support with a view to rehabilitation and social integration on a durable basis.

In this connection, the Committee notes that in its comments, the CGTL asserts that so far no reception and transit centres and no accommodation centres, as provided for in Decree No. 2001/109/PM of 20 March 2001, have been, or are being, created.

The Committee encourages the Government to pursue its efforts to implement measures for the establishment of awareness-raising campaigns and to provide information of their impact on preventing the trafficking of children. Furthermore, since the LUTRENA project has been completed in Cameroon, it asks the Government to provide information on the effective and time-bound measures taken or envisaged to: (a) prevent children from falling victim to trafficking; (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration, in particular through the establishment of the reception, transit and accommodation centres provided for in Decree No. 2001/109/PM of 20 March 2001. The Government is also asked to report on the progress made and the results obtained in this respect.

2. Hazardous work and the exploitation of children’s labour in cocoa plantations. In its previous comments, the Committee noted that Cameroon was a participant in the WACAP project implemented under the ILO–IPEC regional programme, in which Côte d’Ivoire, Ghana, Guinea and Nigeria are also associated. The Committee notes from WACAP’s synthesis report No. 3 on shared experiences (synthesis report No. 3) that, as a result the WACAP project, a total of 1,517 children have been withdrawn from, or prevented from engaging in, work on cocoa plantations in Cameroon, through the provision of education services (1,383) and other services (134). According to the same report, 55 communities have been affected by the WACAP project and 605 parents or guardians have directly benefited from it. The Committee notes that implementation of the WACAP project is now complete. However, according to synthesis report No. 3, in Cameroon the awareness-raising activities carried out under the WACAP project have prompted the Government to commit itself to combating this scourge. The synthesis report No. 3 also indicates that the States participating in the WACAP project have all identified measures to ensure follow-up of the work done during the project’s implementation. Such measures include organizing seminars on child labour in cocoa plantations; ongoing involvement of communities in child labour issues using tools provided by the WACAP project; offering informal education opportunities to children withdrawn from labour in the cocoa plantations who are unready to enter the formal school system; consolidating and building on achievements resulting from the WACAP project. The Committee urges the Government to take effective and time-bound measures to ensure follow-up of the WACAP project and also to ensure that children are prevented from being employed in cocoa plantations and are actually withdrawn from such plantations. The Government is asked to provide information on measures taken in this respect.

Clause (d). Children at special risk. 1. Orphans and HIV/AIDS. The Committee noted previously that, according to statistics produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in 2004 and 2006, some 240,000 children have been orphaned as a result of HIV/AIDS in Cameroon. It noted the information communicated by the Government in its report that it had taken a number of measures to prevent transmission of the virus. The Committee also noted that the Ministry of Social Affairs, the Ministry of Health and various non-governmental organizations had implemented a project involving more than 21,000 children orphaned by HIV/AIDS and other children vulnerable to the virus. The Committee notes, however, that according to the UNAIDS 2008 Report on the global AIDS epidemic, the number of children orphaned because of the virus appears to have increased to 300,000 in 2007. Considering that children orphaned by HIV/AIDS are at increased risk from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

2. Street children. In its previous comments, the Committee noted the information sent by the Government to the effect that the Ministry of Social Affairs gives support to all non-governmental organizations working for prevention and for the rehabilitation and reintegration of street children who fall victim to violence and exploitation and provides them with assistance to facilitate the provision of care to these children. The Committee also noted that the Ministry of Social Affairs, in collaboration with the Belgian Red Cross, has set up centres for listening support, reception and social reintegration for street children in Yaoundé to enable them to return to their own families or be placed in foster families. The Committee further noted that in 2003 and 2004, more than 351 children were returned to their families. The Committee once again reminds the Government that street children are particularly exposed to the worst forms of child labour, and asks it to provide information on the number of children removed from the streets and rehabilitated as a result of the measures taken by the Ministry of Social Affairs.

Article 8. International cooperation. 1. Regional cooperation regarding the sale and trafficking of children. The Committee noted previously that a synthesis report on the LUTRENA project issued in March 2006 showed that the Governments of Nigeria and Cameroon were discussing the possibility of concluding a bilateral cooperation agreement. The Committee notes that no information has been sent on this matter, and again asks the Government to indicate in its next report whether this agreement has been concluded.

2. Poverty reduction. In its previous comments, the Committee noted that the Government had added education for children, especially girls, to its poverty reduction strategy paper (PRSP). It also noted the Government’s statement that the projects established in the context of the PRSP contribute to combating poverty among parents and hence to decreasing the number of children who are economically exploited. The Committee notes the information sent by the Government to the effect that the PRSP is undergoing revision. It also notes that a decent work country programme (DWCP) for Cameroon is being prepared. Pointing out once again that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee asks the Government to provide information on the measures taken in the course of implementing the PRSP and also the DWCP, if any, to eliminate the worst forms of child labour, and particularly to reduce poverty effectively among children who are the victims of sale and trafficking and those engaged in hazardous work in the cocoa plantations.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes from synthesis report No. 2 of the WACAP project, which is on health and safety in the cocoa plantations, that the most hazardous of the jobs performed on Cameroon’s cocoa plantations involve the use of pesticides, deforesting and the transport of heavy loads. The same report further indicates that the older they are, the more likely children are to use pesticides, 10 per cent of children aged 5–7 years are engaged in spraying pesticides in the cocoa plantations of Cameroon. The Committee further notes that an ILO–IPEC action programme entitled “Survey and development of a database on child labour” was launched in March 2007 under which the Government, through the National Statistics Institute (INS), conducted a module survey on child labour in 2007 with a view to carrying out a fuller survey nationwide. The ILO–IPEC programme aims ultimately to build the national capacity to carry out surveys on child labour at regular intervals. The Committee requests the Government to provide the statistics compiled as a result of the survey conducted in 2007 under the ILO–IPEC programme on the development of a database on child labour in Cameroon, particularly as regards the worst forms of child labour, including the sale and trafficking of children for the purpose of exploiting their labour and child labour in the cocoa plantations.