Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Sao Tomé-et-Principe (Ratification: 2005)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted that a new Penal Code was being elaborated and was in the final stages of approval by the National Assembly.

The Committee notes that the Penal Code No. 6 of 2012 has been adopted. It notes with interest that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution. The Committee further notes that according to section 181(2) of the Penal Code, enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee notes, however, that the Penal Code does not prohibit the trafficking of minors for labour exploitation. The Committee, therefore, requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for labour exploitation.

2. Forced or compulsory labour. The Committee previously noted that neither the Constitution nor the Labour Code contain any provisions explicitly prohibiting forced or compulsory labour. The Committee, however, notes that the Constitution recognizes the right of a person to freely choose a profession or a type of work (article 31), and the right to personal integrity stating that no one may be submitted to torture or to cruel, inhuman or degrading treatment or punishment (article 22).

3. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that according to article 64(2) of the Constitution all citizens have the duty to perform their military service under the terms envisaged by the law. It also noted from the Government’s initial report to the Committee on the Rights of the Child (CRC) that the minimum age for compulsory military service is 18 years, though volunteers may enlist at the age of 17 years with parental consent (CRC/C/8/Add.49, 2003, paragraphs 97–98). Noting the absence of information on this point, the Committee once again requests the Government to provide the text of the relevant provisions in the national legislation that prohibit the recruitment of children below 18 years for use in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Following its previous comments, the Committee notes with interest that Chapter V of the Penal Code contains provisions prohibiting child prostitution and pornography. The Committee notes that according to section 179 of the Penal Code, any person who commits a sexual activity with a minor between 14 and 18 years of age for remuneration shall be punished. Moreover, section 181(1) of the Penal Code makes it an offence to procure, encourage or facilitate the prostitution of a minor under 18 years of age. The Committee further notes that by virtue of section 180 of the Penal Code, whoever produces, distributes, imports, exports or displays any photograph, film or recording of a pornographic nature depicting a minor below the age of 18 years shall be punished.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes with interest that sections 279 and 280 of the Penal Code provide for penalties for the offences related to the production, sale, distribution, purchase, transfer, export or import of any narcotic or psychotropic substances. Section 285 further states that whoever promotes, establishes or funds groups or collaborates to join or support any person or group to commit any of the above offences shall be punished. The Committee finally notes that, as per section 289 of the Penal Code, the penalties provided under sections 279 and 280 shall be increased by one quarter if committed against a minor.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that a draft list of the types of hazardous work has been prepared based on a study undertaken by a Brazilian consultant as part of the preparatory work for the Global Conference on Child Labour in Brasilia in October 2013. The Committee expresses the firm hope that the draft list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard, as well as to supply a copy, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the labour inspectorate is the competent body to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe (sections 1 and 2 of the Labour Inspection Act). Noting that the Government’s report does not contain any information in this regard, the Committee once again requests the Government to provide information on the functioning of the labour inspectorate, particularly with regard to the worst forms of child labour, including for example, extracts of reports or documents indicating the nature and extent of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s information that several activities for the elimination of the worst forms of child labour are being undertaken by the Government in partnership with the ILO and UNDP as well as with other government officials, trade unions, teachers and professors. The Committee notes from the Government’s responses of 23 August 2013 to the list of issues concerning the second to fourth periodic reports to the CRC (Government responses to the CRC) that the Government, in cooperation with the ILO and UNICEF, has approved a National Plan on the Worst Forms of Child Labour on 11 June 2013 (CRC/C/STP/Q/2-4/Add.1, paragraph 40). Within the framework of this national plan, several training and awareness-raising seminars on child labour and its worst forms has been organized for teachers, employers and young businessmen. The Committee requests the Government to provide further information on the measures taken or envisaged within the framework of the National Plan on the worst forms of child labour, and its impact with regard to the elimination of the worst forms of child labour, particularly the number of children reached through its initiatives.

Article 7(1). Penalties. The Committee previously noted section 147(1) of Act No. 6/92 which establishes penalties of fines for the breach of section 129 (prohibition on hazardous work by minors) and section 135 (overtime work by minors). It also noted section 147(2) which provides for penalties for the breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age. The Committee once again requests the Government to provide information on the practical application of the penalties laid down under Act No. 6/92 with regard to hazardous work by minors. It also requests the Government to provide information on the application in practice of the penalties laid down under the Penal Code for the offences under Article 3(a)–(c) of the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the Government’s second to fourth periodic reports on the implementation of the Convention on the Rights of the Child (CRC/C/STP/2–4, June 2010) that the Government in partnership with some civil society organizations and donors have implemented specific assistance programmes for facilitating access to school for children belonging to poor communities. These programmes include: free uniforms, concession of school passes on school buses, and the distribution of school grants to low-income families to keep children in school. Moreover, in the Government’s responses to the CRC of 2013 (CRC/C/STP/Q/2-4/Add.1), the Government indicated that in partnership with the United Nations World Food Programme and the Government of Brazil, the Government introduced the provision of one hot meal per day to students in order to reduce school drop-out. The Committee also notes from the Government’s responses to the CRC that the revision of the Education and Training Strategy established for the period 2002–17 aims to ensure primary education to all, irrespective of gender, regional and urban/rural disparities. The Government further indicates that the school attendance rates are high with 98 per cent of girls and 97 per cent of boys. Moreover, the Fast-Track Project instituted within the Structural Adjustment Programme (PASS) undertook the construction and rehabilitation of classrooms to reach the objective of universalizing free and obligatory six-year elementary school programme for children in the country. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve the functioning of the education system, by taking measures to enable children to attend and complete compulsory education and to ensure free basic education to all children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking in children. The Committee previously noted that Sao Tome and Principe was one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, which, among others, aims to develop a common front to prevent, fight and suppress trafficking in persons and to protect, rehabilitate and reintegrate victims of trafficking. The Committee once again requests the Government to provide information on the concrete measures taken following the adoption of the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, to combat the trafficking of children and to provide for the protection, rehabilitation and reintegration of child victims of trafficking.

2. Reception centres. In its previous comments, the Committee noted the Government’s information that the reception centres established in the country play an important role in removing children, especially abandoned children and street children from the worst forms of child labour. The Committee once again requests the Government to provide information on the number of children removed from the worst forms of child labour and received by the reception centres.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Sao Tome and Principe and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.