Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes the Government’s first report.

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 notes that section 39 of the Children’s Act of 2005 prohibits child trafficking or recruiting, transporting, transferring, harbouring or receiving a child by means of threat, force or other forms of coercion for sexual or labour exploitation. According to section 2 of the Children’s Act, “child” means a person under the age of 18 years and “trafficking” includes all acts and attempted acts in the recruitment and transportation within or across the borders of Gambia, purchase, sale, transfer, receipt, dealing in, trading in and harbouring of a child which involves the use of deception, force or coercion for the purposes of labour and sexual exploitation. The Committee also notes that under section 39(3) of the Children’s Act, consent of the child shall not be used as a defence in prosecution. It further notes that exporting and importing a child from or to Gambia for prostitution and buying and selling of a child for immoral purposes are offences under sections 26 and 37 of the Children’s Act. Moreover, under section 13 of the Tourism Offences Act Law No. 7 of 2003, the buying, selling, procuring or trafficking in children or removing them from Gambia by tourists or any other person constitutes an offence.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of article 20 of the Constitution, no person shall be held in slavery or servitude or shall be required to perform forced labour. It further notes that section 40 of the Children’s Act makes it an offence to import, export or otherwise deal or trade in, purchase, sell, transfer, take or dispose of a child as a slave; accept, receive or detain a child as a slave or enter into any contract or agreement for doing or accomplishing any of the abovementioned acts.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 59(1) of the Children’s Act prohibits the recruitment of children into any of the branches of the armed forces of Gambia or other security agencies. Section 59(2) further states that the Government or any other relevant agency shall ensure that no child is directly involved in any military operation or hostilities. The Committee also notes that under section 31(1)(c) of the Children’s Act, trafficking a child for the purpose of recruitment for use in armed conflict is prohibited. The Committee further notes that according to a report entitled “Child Soldiers Global Report 2008 – Gambia”, available at the web site of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), section 23 of the Armed Forces Act (amended by the Gambia Armed Forces Bill, 2008) states that “where a person enlisting has not attained the age of 18 years, his period of enlistment shall commence from the date he attains the age of 18 years”.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. The Committee notes that section 31(1)(a) of the Children’s Act prohibits the use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. It also notes that under the terms of section 38(1) of the Children’s Act, causing or encouraging the seduction or prostitution of a child, keeping a brothel, permitting the defilement of a child in one’s premises, allowing a child to be in a brothel, trading in prostitution and procuring, using or offering of a child for prostitution, or for the production of pornography or for pornographic performances is an offence. Moreover, under the Tourism Offences Act, a tourist or any other person who procures a child for the purposes of sexual intercourse, for prostitution or to become an inmate of a brothel, or takes any indecent photo of a child, publishes or distributes the same shall be punished (sections 7 and 8).

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, according to section 31(1)(b) of the Children’s Act, no person shall use, procure or offer a child for the production or trafficking of drugs. It further notes that according to section 58(1) of the Children’s Act, no person shall exploit a child in any other form or way that is prejudicial to the welfare of the child. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of child beggars, referred to as almudus, who are scholars under the guardianship of religious Islamic education teachers called marabouts. The Committee requests the Government to identify and provide the text of any legislation existing or envisaged to prohibit the use, procuring or offering of a child in illicit activities, in particular, the use of children in begging.

Article 3, clause (d), and Article 4. Hazardous work and determination of types of hazardous work. The Committee notes that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to the health, safety, education, morals or development of that child. Section 46(2) of the Labour Act further states that the Secretary of State may, after consultation with relevant employers’ and employees’ organizations, specify by notice published in the Gazette, occupations or activities mentioned above. The Committee also notes that by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of health, education or development. Moreover, according to section 44 of the Children’s Act a child shall not be engaged in hazardous work which poses a danger to their health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used; and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further notes that night work between 8 p.m. and 6 a.m. is prohibited to children (section 42).

Article 5. Monitoring mechanisms. The Committee notes that, according to section 4 of the Labour Act, the Commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. According to section 21 of the Labour Act, the Commissioner is entitled to take action in case of any contravention of the Act, including informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee notes that according to sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide information on the activities of the Commissioner, the Department for Social Welfare and the labour officers in monitoring the compliance of the child labour provisions, in the formal as well as in the informal sectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also requests the Government to indicate whether any monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action. The Committee notes that the Department of Social Welfare launched a National Policy for Children in the Gambia, 2004–08, which includes components addressing child economic and sexual exploitation. It further notes that according to the United Nations Children’s Fund (UNICEF) report “The Gambia – Good practice: Preventing and combating sexual exploitation of children in tourism”, Gambia elaborated and finalized a National Plan of Action to Combat Sexual Abuse and Exploitation of Children in 2004. The Committee requests the Government to provide information on the implementation of the National Policy for Children and the National Plan of Action to Combat Sexual Abuse and Exploitation of Children and the results achieved, in terms of the number of children prevented from engaging in or removed from, the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Children’s Act provides for penalties of life imprisonment for anyone who commits the offences related to trafficking in children (section 39), and slave dealing in children (section 40). Moreover, using, procuring or offering of a child for prostitution, the production of pornography, pornographic performances, the production or trafficking of drugs and trafficking for use in armed conflict is punishable with imprisonment for 14 years (section 31(2)). It further notes that section 48 of the Labour Act and section 47 of the Children’s Act establish penalties of imprisonment and fines for the breach of the provisions related to the employment of children. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that article 30(a) of the Constitution, and section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. It notes that the Government adopted the Education Sector Strategic Plan (ESSP) 2006–15 for implementing the policies contained in the Millennium Development Goals, the Education for All Action Plan, the Poverty Reduction Strategy Paper and finally the National Education Policy (2004–15), all of which aim at universal access to relevant and high quality education by 2015. The Committee notes that according to the information available at the Gambia Department of State for Education, as a result of the implementation of the ESSP, the gross enrolment rate (GER) increased from 85 per cent in 1998 to 92 per cent in 2007. The GER at the upper basic level increased from 29 per cent in 1998 to 65 per cent in 2007 and at the senior secondary level from 15 per cent in 1998 to 32 per cent in 2007. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 54), expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further notes that according to the Gambia Multiple Indicator Cluster Survey Report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school, especially girls, disadvantaged children and children from remote areas. It also requests the Government to indicate the results achieved and to provide information on the school enrolment and drop-out rates.

Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 64), expressed concern at the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. It further expressed concern at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of commercial sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to indicate any measures taken in this regard.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 58), expressed grave concern at the high and increasing number of street children while noting their limited access to health, education and other social services as well as their vulnerability to sexual and economic exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration.

2. Child beggars called almudus. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001, paragraph 60), expressed concern at the high number of children who are begging in the streets. These beggars, referred to as almudus, beg for their teachers called marabouts as part of their religious education, and are vulnerable to sexual and economic exploitation. The Committee further notes that, according to a report entitled “2009 Trafficking in persons report, Gambia”, available at the web site of the UNHCR (www.unhcr.org), boys are trafficked within the country as well as between Gambia and Senegal for forced begging by religious teachers. The Committee requests the Government to provide information on the measures taken to protect child beggars or almudus from the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Gambia signed in 2005 a Multilateral Cooperation Agreement to Combat Trafficking in Persons in West Africa. This agreement aims to develop a common front to prevent, fight, suppress and punish trafficking in persons by mutual cooperation; to protect, rehabilitate and reintegrate victims of trafficking; and to assist each other in investigating, arresting and prosecuting traffickers. The Committee requests the Government to provide information on the implementation of the multilateral agreement signed in 2005, and its impact in combating child trafficking and in rehabilitating and reintegrating child victims of trafficking.

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 Gambia 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.