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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guinée-Bissau (Ratification: 2008)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee observes that Act No. 4/99 of 7 September 1999, sent by the Government with its report, fixes the minimum age for recruitment for compulsory military service at 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that, under section 7 of Decree No. 2-B/93 of 1993 on drugs, using a young person under 18 years of age to commit an offence related to the production and trafficking of drugs and other acts connected with the production of drugs constitutes an aggravating circumstance, rendering the perpetrator liable to imprisonment for a maximum period of 15 years.

Article 5. Monitoring mechanisms. National Anti-Trafficking Committee. Further to its previous comments, the Committee notes the Government’s indication that the National Anti-Trafficking Committee is composed of focal points from various public institutions, including the Ministry of the Civil Service, the Ministry of Justice, the Ministry of Education, the People’s National Assembly, the Children’s Parliament, the judicial police, the national gendarmerie (police), the Islamic Commission and the Institute for Women and Children. The Government indicates that the National Committee undertakes various activities, including training for entities involved in combating trafficking in persons, awareness-raising activities and support for victims. The Committee notes that according to the information sent by the Government in relation to the Forced Labour Convention, 1930 (No. 29), the National Committee also provides support for: capacity-building to enable the competent authorities to undertake a periodic analysis of data collected on trafficking in persons; the reinforcement of investigation services at ports and border control services through the provision of equipment; and the setting up of an early warning system based on existing watchdog committees. The Committee requests the Government to continue providing information on the activities of the National Anti-Trafficking Committee relating to the protection of children under 18 years of age against sale and trafficking for commercial or sexual exploitation, and on the results achieved.

Article 6. Programmes of action. 1. National Plan of Action to combat trafficking in persons. Further to its previous comments, the Committee notes the Government’s indication that the National Plan of Action to combat trafficking in persons has been drawn up with the aim of establishing an outline of all aspects of anti-trafficking action. The Committee once again requests the Government to provide detailed information on the implementation of the National Plan of Action to combat trafficking in persons and the results achieved.

2. National Plan of Action to combat child labour and the worst forms thereof. Further to its previous comments, the Committee notes the Government’s statement that there is an initiative aimed at the adoption in the near future of the National Plan of Action to combat child labour and the worst forms thereof. The delay is linked to financial issues encountered in the recruitment of an expert to participate in the preparation of the Plan. The Committee expresses the firm hope that the National Plan of Action to combat child labour and the worst forms thereof will be adopted in the very near future, after consultation of the social partners. The Committee requests the Government to provide information on progress made in this regard and on the implementation of the Plan of Action once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee notes the detailed information provided by the Government in its reports on Conventions Nos 138 and 182 concerning the measures taken to improve the education system. The Government indicates, inter alia, that the goals of the Sectoral Plan for Education 2017–25 include: (a) extending and improving access to education in order to guarantee universal basic education in cycles 1 and 2; (b) improving the internal effectiveness of the education system; (c) reducing the disparities between basic education and secondary education; and (d) adapting technical and vocational training in higher education to the country’s economic and social development needs. Universal schooling is thus the priority objective for the first two cycles of basic education, followed by extending access to the third cycle to enable a larger number of Guinea-Bissau citizens to continue their studies until the ninth year of basic education. The Committee duly notes the detailed information sent by the Government concerning the strategies chosen to achieve the objective of universal schooling. This includes measures to tackle disparities in geographical access, the establishment of canteens in schools which do not have them, improving access to community schools and madrassas (Koranic schools) through progressive reappropriation of the latter by the State; and encouraging girls to enrol and remain in school, in particular in regions and sectors where gender disparities are the most pronounced. As a result, there has been a reduction in late school admissions and age-related dropping out of school.

The Government indicates that these measures have been well received, especially in rural areas, resulting in the participation of children in the first and second cycles, and that school enrolment rates have improved but that completion rates have deteriorated. Indeed, according to a 2019 UNICEF report on the rights and well-being of children in Guinea-Bissau (p. 56), which refers to the latest Multiple Indicator Cluster Survey (MICS-6 of 2018-19), late entries and high repetition and dropout rates mean that Guinea-Bissau has a primary education completion rate of under 30 per cent (29 per cent in 2014 and 27.2 per cent in 2019). The MICS-6 data indicate that 27.7 per cent of children of primary-school age are out of school (over 10 per cent in urban areas and 36 per cent in rural areas). The gross inequalities between urban and rural areas are a recurring theme in the education sector which is also highlighted by MICS-6 data. Considering that education plays a key role in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue taking all necessary steps to improve the functioning of the education system and school attendance and completion rates for children, particularly in rural areas, disaggregated by age and gender. The Committee also requests the Government to provide detailed information on the results achieved, particularly through the implementation of the Sectoral Plan for Education 2017–25 and also through any other measures.

Clause (d). Identifying and reaching out to children at special risk. Street children. Further to its previous comments, the Committee notes the Government’s indication that it has taken measures to remove children from the streets but that the implementation of these measures is not yet conclusive. Given that street children are at an increased risk of involvement in the worst forms of child labour, the Committee requests the Government to send detailed information on the measures taken to remove children from the streets and provide the necessary direct assistance for their rehabilitation and social reintegration, and also on the results achieved.

Clause (e). Particular situation of girls. Further to its previous comments, the Committee notes the Government’s indications in its report on Convention No. 138 that, in the context of the Sectoral Plan for Education 2017–27, the strategies chosen to achieve universal schooling include: encouraging girls to enrol and remain in school, particularly in regions and sectors where gender disparities are the most pronounced; raising the awareness of headteachers and the general public of security conditions in the vicinity of schools; and reporting violent or prohibited behaviour which may be directed at girls. In addition, the Government seeks to encourage measures to reduce the number of late admissions and prevent age-related school dropouts, particularly among girls, especially through awareness-raising among pupils’ parents, ensuring greater prevalence of free education, and improving school facilities to make education more attractive (renovation, latrines, water). The Committee encourages the Government to continue taking measures to ensure education for girls, including through the implementation of the Sectoral Plan for Education 2017–25, and to send detailed information on the results achieved.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes that Guinea-Bissau underwent a voluntary national review of achievement of the Sustainable Development Goals (SDGs), leading to the production of a report in 2022. According to this report, Guinea-Bissau is one of the countries most vulnerable to climate change and is ranked 175th out of 189 countries and territories in the Human Development Index. The report also indicates that the multi-dimensional analysis of child poverty reveals hardship related to accommodation, water, sanitation, nutrition, healthcare, education, and child protection/birth registration, all of which has an impact on child development. Hardship faced by girls exceeds that experienced by boys by nearly 56 per cent.

The Committee notes the efforts made by Guinea-Bissau to improve the socio-economic conditions of the country and thereby reduce the incidence of poverty. These efforts include the United Nations Sustainable Development Cooperation Framework (UNSDCF) 2022–26, whose goals include structural economic transformation and increased and fairer access to, and use of, quality social services. They also include the “Terra Ranka” Strategic Plan 2025, whose strategy for the education sector is aligned to the poverty reduction strategy, and whose main elements include organizing the production of human capital to contribute to growth and equipping the poorest population groups excluded from effective economic circuits with at least the human capital needed for them to become part of these circuits. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee encourages the Government to continue its efforts and provide information on the results achieved, including through the implementation of the UNSDCF and the “Terra Ranka” Strategic Plan 2025, particularly in terms of the impact observed on the elimination of the worst forms of child labour.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that it has adopted legislative measures to combat the worst forms of child labour and reinforce labour inspection, particularly through the new regulations of the Labour and Social Security Inspectorate-General (IGTSS) and the new Labour Code. The Committee once again requests the Government to ensure that sufficient data on the situation of children engaged in the worst forms of child labour are available, including statistics and information on the nature, extent and trends of the worst forms of child labour and the number of children protected by the measures giving effect to the Convention.