Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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. Sale and trafficking of children. The Committee notes that the Government has not provided any information in its report as previously requested by the Committee concerning the application in practice of the provisions prohibiting the sale and trafficking of children for labour and sexual exploitation. The Committee therefore once again requests the Government to provide information on the application in practice of section 160(1) and (3), and section 181(2) of the Penal Code that prohibit the offences related to the sale and trafficking of children under the age of 18 years for sexual or labour exploitation, including the number of investigations, prosecutions, convictions and nature of the penalties imposed.

Article 4(1). Determination of hazardous work.With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. With regard to its previous comments, the Committee notes the Government’s information that efforts were made to create awareness about the child labour conventions among primary and high school students and to educate them about the fight against child labour. The Committee also notes from the National report of 2020 submitted to the Human Rights Council (HRC), about the adoption of the National Action Plan against child labour and the National Child Protection Policy and the corresponding action plan in 2016, which aimed at eliminating the worst forms of child labour by 2018 and eradicating all child labour by 2020 (A/HRC/WG.6/37/STP/1, paragraphs 65 and 69). The Committee requests the Government to provide information on the measures taken within the framework of the National Action Plan against child labour as well as information on any other initiatives undertaken and their impacts on eliminating the worst forms of child labour.

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. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour is carrying out several programmes to keep children in school and to prevent school drop-outs, including the Parental Education Programme (PEP) and the PEP+ as well as the Saotomense Family Programme supported by the World Bank. These programmes which are implemented within the framework of the anti-poverty programmes, aim to support parents and vulnerable families with children of school-going age by providing financial assistance, cash transfers and income generating activities. The Committee also notes from the World Food Programme (WFP) Sao Tome and Principe – Country brief of January 2022 that the WFP assistance is focused on strengthening the capacities of the Government to implement the home-grown school feeding programme which reaches about 50,000 children attending schools. It further notes that according to the National report of 2020 submitted to the HRC, the measures taken within the framework of the Education Policy Charter for 2012–2022 which aims to ensure progressive and sustainable access to 12 years of high quality universal and free education for all young persons have resulted in an increase in the gross enrolment rate at the primary and secondary levels. Moreover, the disciplinary provision which banned pregnant teenage girls from attending classes was repealed in 2020 by an Ordinance issued within the framework of the “Burden on Girls and Quality Education For All” project (A/HRC/WG.6/37/STP/1, paragraphs 55 and 60).

The Committee notes that according to the UNESCO statistics, the net enrolment rate at the primary level was 93.1 per cent and the gross enrolment rate at the secondary level was 89.34 per cent in 2017. However, the Committee notes a reference to the UNESCO information in the Report of the Office of the United Nations High Commissioner for Human Rights, October 2020, which states that while enrolment in primary school was high and inclusive of boys and girls, the quality of education at all levels remained an issue, with high dropout and repetition rates, especially among girls. Moreover, access to secondary level basic education remained limited because schools offering those grades were located mainly in district capitals (A/HRC/WG.6/37/STP/2, paragraph 40). Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to provide access to free basic, quality education for all children, particularly girls and children from rural areas, thereby ensuring enrolment and retention of students both in primary and lower secondary education. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved as well as updated statistical data on school enrolment and drop-out rates, disaggregated by age and gender.

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. Street children. In response to its previous comments, the Committee notes the Government’s information that there are no cases of children living or working in the streets. However, there are cases of children leaving their homes during the day in search of food from people on the streets. Recalling that street children are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to take specific measures to protect them from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this respect.

Article 7(3). Designation of a competent authority. The Committee notes the Government’s information that there is a commission based in the Ministry of Justice which works in collaboration with the Directorate of Social Protection, Solidarity and Family that is responsible for the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation. With regard to the cooperation agreements and their impact on combatting trafficking in children, the Government states that such agreements have strengthened existing laws on combating crimes against children and also increased the state’s accountability for issues related to children. They also serve as a tool for the police in its fight against trafficking in persons and have helped in developing partnerships with Interpol in the fight against all forms of cross-border crimes.