Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that Gabon had undertaken to carry out the work of harmonizing the legislation prohibiting the trafficking of children in the context of the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), which commenced in July 2001. The Committee also noted the amendments made to the Penal Code in 2001 to prohibit and penalize the sale of persons (section 275) and the trafficking of children (section 278bis). The Committee further noted that a Bill on the prevention and repression of the trafficking of children for labour exploitation was being examined by Parliament.

The Committee notes with satisfaction the adoption on 21 September 2004 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon (Act No. 09/2004). The Committee notes that, under the terms of section 2 of the Act, the term "child" applies to all persons under the age of 18 years. Furthermore, in addition to measures to prevent and remove children from the worst forms of child labour and for their rehabilitation, the Act establishes measures of prohibition, investigation, control and repression. Section 11 "prohibits any individual or association from bringing or attempting to bring a child into the national territory with a view to denying the child’s liberty either in return for payment or free of charge". Section 12 "prohibits any individual or association from concluding an agreement for the purpose of denying a child’s liberty in return for payment or free of charge". Furthermore, section 20(1) of Act No. 09/2004 penalizes any person found guilty of having organized, facilitated or participated in the trafficking of children, among other means by their transport, introduction into the national territory, reception, accommodation, sale or unlawful employment, or who has derived any benefit as a result. The Committee takes due note of this information.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Project Steering and Evaluation Committee. The Committee noted previously that, in the context of the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), a Project Steering and Evaluation Committee was established in 2003. However, the Government added that the role of this Committee remained limited due to the lack of adequate human and material resources and the shortcomings of the technical training of its members. The Committee notes that, according to the information available to the Office, new steering and evaluation committees are to be established. The terms of reference and functions of these committees will be set out in a decree. The Committee requests the Government to provide information on the operation of these new committees, including extracts from reports or documents. It also requests the Government to provide a copy of the decree determining the terms of reference and functions of the committees.

2. Council to Prevent and Combat the Trafficking of Children. The Committee notes that, in accordance with section 6 of Act No. 09/2004, a Council to Prevent and Combat the Trafficking of Children has been established. The Council is the administrative body specialized in preventing and combating the trafficking of children. In this capacity, it has to be informed of all operations relating to the trafficking of children and consulted prior to the formulation of any draft legislation or regulations respecting the trafficking of children. Furthermore, it may propose to the ministers concerned any measure to prevent or combat the trafficking of children and it reports to the Government. The Committee requests the Government to provide information on the work of the Council to Prevent and Combat the Trafficking of Children, and particularly to provide its annual report.

Article 6. Programmes of action. In its previous comments, the Committee noted that Gabon is one of the countries participating in the Subregional Project to combat the trafficking of children for labour exploitation in West and Central Africa (IPEC/LUTRENA), in which Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Ghana, Mali, Nigeria and Togo are also participating. It also noted that children from Togo, Mali, Burkina Faso and Ghana are the victims of trafficking to Nigeria, Côte d’Ivoire, Cameroon and Gabon. The Committee notes that Phase II of the IPEC/LUTRENA Project, the objective of which is to improve understanding of the problem of the trafficking of children, is coming to its conclusion in Gabon. It also notes that Phases III and IV, the objective of which is to reduce the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation in Gabon, are currently being implemented. The Committee takes due note of the Government’s efforts and requests it to provide information on the impact of Phases III and IV of the IPEC/LUTRENA Project, particularly in terms of the protection of children against sale and trafficking for economic and sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that sections 4 and 5 of Act No. 09/2004 envisage prevention measures with the objective of combating, among others, any custom, tradition or cultural, religious, economic or commercial practice incompatible with the rights and duties inherent to the well-being, dignity and development of the child. One of the preventive measures is to carry out awareness-raising and information campaigns among families and children, with the participation of legally recognized non-governmental organizations (NGOs) and civil society. The Committee also notes that, according to the information on the IPEC/LUTRENA Project available to the Office, some 90 children have been prevented from becoming the victims of sale or trafficking. The Committee requests the Government to provide information on the effect given in practice to sections 4 and 5 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon. It also requests the Government to provide information on the impact of these provisions in preventing children from becoming victims of sale and trafficking for economic and sexual exploitation.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that section 5 of Act No. 09/2004 provides for the establishment of specific medical and social follow-up for children who are victims of trafficking and for the establishment of reception centres for child victims of trafficking before their repatriation to their country of origin. The Committee also notes that, according to the information on the IPEC/LUTRENA Project available to the Office, some 75 child victims of trafficking have been removed from this worst form of child labour. Furthermore, it notes that these children have benefited from medical and social services and guidance, and that some of them have returned to their families. The Committee requests the Government to provide information on the effect given in practice to section 5 of Act No. 09/2004 to prevent and combat the trafficking of children in the Republic of Gabon. It also requests the Government to provide information on the impact of this provision in terms of the rehabilitation and social integration of children following their removal from work.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to provide information on the measures established in the context of the IPEC/LUTRENA Project to enable child victims of trafficking who are removed from this worst form of child labour to have access to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted the Government’s indication that a system of dialogue is in operation between Gabon and sending countries of child workers with a view to the elimination of the trafficking of children. It requested the Government to provide additional information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly on whether exchanges of information have led to the identification and arrest of networks of child traffickers. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information on the system of dialogue established between Gabon and the countries of origin of child victims of trafficking, and particularly whether exchanges of information have led to the identification and arrest of networks of child traffickers. The Committee also requests the Government to indicate whether measures have been taken to detect and intercept child victims of trafficking in frontier areas and whether transit centres have been established.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (GAB/1, 13 July 2001, page 12), 25,000 children work in Gabon, of whom between 17,000 and 20,000 are the victims of trafficking. Furthermore, 95 per cent of these children are used in the informal economy, 40 per cent are under 12 years of age and 71 per cent work in the tertiary sector, particularly as domestic workers. The Committee also noted that, according to the information available in the report of the Working Group on Contemporary Forms of Slavery of the Subcommission on the Promotion and Protection of Human Rights of the Commission on Human Rights (E/CN.4/Sub.2/2001/30, July 2001, paragraphs 35 to 38), 86 per cent of the children sent to Gabon in 1999 were girls to be employed as domestic workers, while the boys were to work in agriculture. The Committee expressed concern at the situation described above and requested the Government to report in detail on the measures adopted and those envisaged to bring the situation in practice into compliance with the law.

The Committee notes that section 14 of Act No. 09/2004 provides that officers of the judicial police and public officials in the Ministry for the Family and the Protection of Children and in the Ministry of Labour and Employment may undertake the investigations, controls and searches necessary for its application. It also notes that section 20(1) of Act No. 09/2004 imposes a penalty of imprisonment or a fine for persons found guilty of organizing, facilitating or participating in the trafficking of children. Section 20(2) and (3) provides that the accomplices, instigators and perpetrators of attempted offences shall be liable to the same penalty. The Committee requests the Government to provide information on the effect given in practice to Act No. 09/2004, including reports on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penal sanctions applied.

A request on other matters is also being addressed directly to the Government.