Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Repetition

Article 3 of the Convention. Worst forms of child labour. The Committee noted the Government’s indication that it has drafted a Children’s Act (Draft Children’s Act) which prohibits various forms of child abuse, including the worst forms of child labour. The Government indicates that the Draft Children’s Act was adopted by the Assembly in February 2009, and is currently in front of the Senate. The Committee noted the extracts of the Draft Children’s Act provided in the Government’s report, though it notes that the Government’s report does not contain the provisions defining the term “child” for the purpose of the Act. The Committee therefore reminds the Government that the protection against the worst forms of child labour in Article 3 of the Convention extends to all persons under the age of 18 and expresses the hope that the protection provided by the Draft Children’s Act will be in conformity with the Convention in this regard. The Committee requests the Government to provide a copy of the Children’s Act, once adopted.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted that section 2 of the Act to Ban Trafficking in Persons 2005 (Trafficking Act) prohibits all forms of trafficking, defined as the recruitment, transportation, transfer, harbouring or receipt of a person by means of a threat or use of force or coercion or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by giving or receiving of payments to achieve the consent of a person having control over another person for the purpose of exploitation. Section 5 of the Trafficking Act also prohibits conspiring to, assisting in, or attempting to engage in trafficking of persons. The Committee further noted that section 7(c) of the Trafficking Act provides for a harsher penalty when the victim of this offence is under the age of 18 years. Lastly, the Committee noted that section 78 of the Draft Children’s Act provides that “[a]ny person, convicted under the Trafficking Law or any penal law prohibiting the abduction or trafficking of children shall be placed on a child offender’s register and not allowed to render direct work services to children.”

The Committee noted the information in the 2009 report on trafficking in persons in Liberia, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report) that Liberia is a source, transit and destination country for child trafficking, for the purposes of forced labour and commercial sexual exploitation. The Trafficking Report also indicates that most victims are trafficked within the country, primarily from rural to urban areas for domestic servitude, forced street vending, forced begging by religious instructors and sexual exploitation in brothels or private apartments, in addition to work on rubber plantations and in alluvial diamond mines. The Committee also noted the information in the 2009 United Nations Office on Drugs and Crimes (UNODC) report entitled “Global Report on Trafficking in Persons” (UNODC Trafficking Report) indicates that the Government recorded eight child trafficking victims in 2005, and nine in 2006, both boys and girls. However, the UNODC Trafficking Report indicates that no convictions for trafficking were recorded during this period. The Committee therefore requests the Government to take the necessary measures to ensure that the provisions of the Trafficking Act prohibiting the sale and trafficking of children are, in practice, applied. In this regard, it requests the Government to provide information the application of these provisions, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Slavery, debt bondage, forced or compulsory labour. The Committee noted that article 12 of the Constitution of Liberia provides that “[n]o person shall be held in slavery or forced labour within the Republic, nor shall any citizen of Liberia nor any person resident therein deal in slaves or subject any other person to forced labour, debt bondage or peonage”, with the exception of court orders, military service or during times of emergency. The Committee also noted that the Trafficking Act, pursuant to sections 1 and 2, prohibits trafficking for the purpose of forced labour.

Nonetheless, the Committee referred to its 2005 comments concerning the Government’s application of the Forced Labour Convention, 1930 (No. 29), where the Committee noted reports of children being taken hostage by adults and used as a source of captive labour in the south-eastern part of Liberia. The Committee noted that this part of the country was in a grave humanitarian crisis and an extreme state of poverty and that the reported situations of exploitation were due to the consequences of the war. In its 2008 observation concerning the Government’s report submitted under Convention No. 29, the Committee noted the Government’s indication that, in May 2008, a tripartite national committee was under consideration to investigate the complaints of forced labour and the hostage situation in the south-eastern region. Referring to its comments made under Convention No. 29, the Committee requests the Government to provide up to date information on the activities of the tripartite committee responsible for this investigation of forced labour, and to provide information on any other measures taken to protect persons under 18 years of age from forced labour.

Forced recruitment of children in armed conflict. The Committee noted the Government’s indication that section 54 of the Draft Children’s Act forbids the use of children in armed conflict, and that sections 54.1–54.6 prohibit recruiting or conscripting a child into military service or to use a landmine and other weapons declared by international law to be adverse to children.

The Committee noted the information in the concluding observations of the Committee on the Rights of the Child (CRC) of 1 July 2004, that, prior to the signing of the Liberian Comprehensive Peace Agreement of 2003, up to 20,000 children were involved in the armed conflict (CRC/C/15/Add.236, paragraph 5). It noted the information in the October 2006 Security Council Report on Child Soldiers (A/61/529–S/2006/826) that the majority of these children were demobilized in 2004 and 2005 through the UN Mission in Liberia (UNMIL) disarmament and demobilization programme (paragraph 56). The Security Council Report on Child Soldiers indicates that, as of 2006, there was no known group that uses or recruits child soldiers or former child soldiers (paragraph 55), though the Committee noted that the 13th progress report of the Secretary-General on the UNMIL (of 11 December 2006) expressed concerns regarding the possible re recruitment of former Liberian combatants, including children, by Ivorian militia groups (S/2006/958, paragraph 12). Recalling that the forced recruitment of children for the use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that this practice is prohibited by law. In this regard, the Committee urges the Government to take the necessary measures to ensure the adoption of the provisions contained in the Children’s Act prohibiting the use of children in armed conflict in the very near future.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Prostitution. The Committee noted that, pursuant to section 18.1 of the Penal Code, it is a misdemeanour (defined in section 50.1 of the Penal Code as an offence for which a sentence of a maximum of one year’s imprisonment is authorized) to operate a prostitution business, or to induce, procure or otherwise purposely cause another to become engaged in sexual activity as a business. Pursuant to section 18.2 of the Penal Code, it is a misdemeanour to knowingly procure a prostitute for a patron, solicit a person to patronize a prostitute or live off the proceeds of prostitution. Section 18.5 of the Penal Code states that it is an infraction (which, pursuant to section 50.1 of the Penal Code is an offence that does not constitute a crime, and for which imprisonment is not authorized) to hire a prostitute to engage in sexual activities. The Committee therefore observed that, while procuring or offering a person below the age of 18 years for the purpose of prostitution constitutes a crime, pursuant to sections 18.5 and 50.1 of the Penal Code, a person who hires a prostitute below the age of 18 years of age is only guilty of an “infraction” and not a “crime”, and is not subject to the penalty of imprisonment. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure that the use of a person under the age of 18 for the purpose of prostitution is a criminal offence.

Pornography. The Committee noted the information in the Government’s report that section 74.5 of the Draft Children’s Act prohibits the storing, keeping or distributing of indecent images of any child (or depicting any form of illegal sexual activity of a child). The Committee observed that this provision does not address the production of pornography, or more particularly the use, offering or procuring of a person under 18 for this purpose. The Government’s report also indicated that sections 74.1–74.5 of the Draft Children’s Act prohibits the “sexual exploitation” of a child, though it is not indicated if this prohibition encompasses the use, procuring of offering of a child for the purpose of the production of pornography. The Committee therefore requests the Government to indicate if the definition of sexual exploitation in the Draft Children’s Act includes the use, offering or procuring of a child for the production of pornography or pornographic performances. If not, the Committee requests the Government to take the necessary measures to ensure that legislation prohibiting this worst form of child labour is adopted in the near future.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the information in the Government’s report that, pursuant to section 76 of the Draft Children’s Act, exposing a child to narcotic and intoxicating drugs is strictly prohibited, as is selling them these substances. The Committee also noted the Government’s indication that a governmental drug enforcement agency (DEA) was established to fight against the trade and use of drugs in Liberia. The Government stated that the Act establishing the DEA forbids the trade and use of narcotic drugs by children less than 18 years. The Committee observed that the legislation referred to in the Government’s report does not explicitly prohibit the use, procuring or offering of a child under 18 years for illicit activities, particularly the production and trafficking of drugs. However, the Committee noted the Government’s indication that the sale and trafficking of narcotic drugs is under consideration for inclusion on a list of hazardous types of work prohibited for persons under 18. Recalling that, pursuant to Article 3(c) of the Convention, the use, procuring or offering of a child for the purpose of illicit activities is considered to be one of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to prohibit these activities. It also requests the Government to provide a copy of the relevant legislation.

Clause (d). Hazardous work. The Committee noted the Government’s statement that section 52 of the Draft Children’s Act, when enacted, will “assure the right of the child to be protected from harmful work”, and that sections 52.1–52.2 state that it is an offence to subject a child to domestic, trade and other work that is likely to harm the child’s health, educational, spiritual, physical and moral development. The Committee also noted the statement in the UNMIL Human Rights Report that many school-aged children are engaged in economic activities or work in the home which may harm their health or safety (paragraph 40). Therefore, the Committee requests the Government to take the necessary measures to ensure that the provisions of the Children’s Act, prohibiting hazardous work for children under 18 years of age, are adopted in the near future.

Article 4(1). Determination of hazardous work. The Committee noted the information in the Government’s report that a national Stakeholders’ Conference to “determine child labour by Liberian standards” was due to convene in November 2008. The Government’s report indicates that this Conference was expected to bring together a cross section of stakeholders including representatives of the Government, employers, workers, civil society and children, with the purpose of generating a concise definition of child labour in the national context, to facilitate the implementation of ILO Recommendation No. 190. However, the Committee noted an absence of information in the Government’s report on the outcome of this Conference. Nonetheless, the Committee noted the Government’s statement that, in determining types of work considered as hazardous, consideration will be given to the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to take the necessary measures to ensure the completion and adoption of a list of hazardous types of work, in consultation with workers’ and employers’ organizations. The Committee requests the Government to provide information on progress made in this regard, and to provide a copy of the list once adopted.

Article 5. Monitoring mechanisms. National Commission on Child Labour. The Committee noted the information in the Government’s report that the National Commission on Child Labour (NACOMAL) was established in 2004 as a tripartite body, to coordinate the campaign for the elimination of child labour in Liberia. The NACOMAL is charged with the management, investigation and monitoring of child labour in the country, in addition to raising public awareness on the issue. In this regard, the Government’s report indicated that the NACOMAL has begun setting up tripartite Child Labour Monitoring Committees (CLMCs), and that the CLMCs include participation from a variety of civil society actors working in the interest of children. The Committee also noted the Government’s statement that there is a serious need for capacity building of the NACOMAL. The Government indicated that the NACOMAL currently lacks basic office essentials such as computer equipment, printers and photocopiers, and that its staff requires training. The Committee therefore requests the Government to strengthen its efforts to address the NACOMAL’s lack of capacity, including through the allocation of additional resources and the provision of training to its staff. The Committee also requests the Government to provide additional information on the practical functioning of the CLMCs, in addition to the number of CLMCs established.

Trafficking. The Committee noted the information in the UNODC Trafficking Report that a Women and Children Protection Section of the Liberian National Police was established in 2005, responsible for the investigation of cases of human trafficking. The Committee also noted in the Trafficking Report that the National Police rescued 50 Liberian, Sierra Leonean and Guinean child victims of trafficking from a religious school in Lofa, where they were being forced to beg. The Trafficking Report also indicated that the National Human Trafficking Task Force was established in 2006, and consists of government ministries (including the Ministry of Labour), the Inspector General of the Police, and the Commissioner of Immigration. The Trafficking Report further indicated that the Task Force plays a role in the investigation and prosecution of trafficking crimes, and, in 2008, members of the Task Force accompanied the Liberia National Police on investigations. The Committee further noted the information from the International Organization for Migration (IOM) that that the Government is participating in an IOM and UNMIL programme to train immigration officials on the identification of human trafficking victims.

Despite these mechanisms, the Committee observed that significant obstacles remain in the effective monitoring of child trafficking. The Committee noted the concerns raised in the report of the Office of the United Nations High Commissioner for Human Rights entitled “Progress Made in the Situation of Human Rights in Liberia” (OHCHR Report) of 27 August 2009 regarding child trafficking due to porous land borders and inadequate staffing of regular crossing points by immigration officials. The Committee also noted the information in the Trafficking Report that Liberian police often lacked vehicles to respond to trafficking reports, that courts often lacked prosecutors (requiring police officers to play the role of prosecutor), and judges were often unaware of the law against trafficking. Therefore, while taking due note of the Government’s efforts to combat the trafficking of children, the Committee requests the Government to redouble its efforts to ensure the effective monitoring and elimination of this phenomenon. In this regard, it requests the Government to provide information on measures taken to strengthen the capacity of the Women and Children Protection Section (of the National Police), of immigration officials, and of the National Human Trafficking Task Force to combat the trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s indication that the NACOMAL has been implementing sensitization and awareness programmes on the issue of child labour. The Committee also noted the information in the ILO–IPEC Technical Progress Report (ILO–IPEC TPR) of September 2009 for the project “Project Development, Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016” that Liberia is a participant in this project, though activities in Liberia have not yet commenced. A central objective of this project is to launch a national process for formulating and drafting the National Action Plan on child labour, and the ILO–IPEC TPR indicates that these activities should commence in Liberia in 2010. The Committee requests the Government to provide information on progress made towards the development and adoption of a national action programme on child labour, within the framework of cooperation with ILO–IPEC. It requests the Government to continue to provide information on the awareness-raising activities of the NACOMAL, particularly with regard to 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. The Committee noted that, pursuant to section 194(3.1) of the Education Law, every parent must send their child between the ages of 6 and 16 to school regularly, provided that they have the means to meet the minimum requirements of a school. The Committee also noted the Government’s statement that in 2006 it commenced a policy of free and compulsory primary education, requiring parents to ensure that their children are enrolled in school. The Committee further noted that the Government has formulated the Education For All National Action Plan (EFA–NAP). In addition, the Committee noted the information in the Government’s report that it is collaborating with the International Rescue Committee in implementing a Countering Youth and Child Labour through Education programme (CYCLE). The Government’s report indicated that, under this programme, children are encouraged and supported to enrol in educational institutions, as a way of preventing or withdrawing them from child labour. The Government’s report indicated that approximately 15,000 children have been withdrawn or prevented from engaging in child labour through this programme, benefiting from academic support and skills and vocational training.

Nonetheless, the Committee noted the statement in the UNMIL document entitled “Report on the Human Rights Situation in Liberia, January – June 2009” (UNMIL Human Rights Report) that, despite the policy of free primary education, there are still insufficient schools to absorb all school-aged children, especially in rural communities, and that, where schools do exist, they are often ill-equipped with inadequate classroom furniture, school supplies and textbooks (paragraph 47). The Committee also noted the information in the 2010 UNESCO report entitled “Education For All: Global Monitoring Report” that the net enrolment rate in primary education was 31 per cent in 2007 (or approximately 447,000 out-of-school children), a decline from 42 per cent in 1999. While observing that the armed conflict in Liberia had a crippling effect on Liberia’s education system (information from UNICEF indicates that approximately 80 per cent of schools were destroyed during this period), the Committee expressed concern at the low rate of attendance at the primary level. Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to improve the functioning of the education system, within the framework of the EFA–NAP. It requests the Government to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with respect to increasing enrolment rates and decreasing drop-out rates at the primary-school level. The Committee also requests the Government to continue to provide information on the CYCLE programme, including the number of children reached through this programme.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee noted that, pursuant to the agreement entitled “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa”, the Government agreed to withdraw, and assume responsibility for, child victims of trafficking found in Liberia, in addition to participating in the repatriation process of these children. The Committee also noted the information from the IOM that the Government is establishing a national referral system (with IOM support) that will identify, refer, protect and provide follow-up services for victims of human trafficking in Liberia. This referral system will also offer voluntary return and reintegration options for both foreign nationals found in the country and Liberian victims, assisted partly through the establishment of a pilot Return and Reintegration Fund. The Committee requests the Government to provide additional information on the establishment of a national referral system for victims of trafficking and the role of this system in the identification and removal of child victims of trafficking. It also requests the Government to provide information on the number of children benefiting from repatriation, reintegration and rehabilitation services, once this system is established.

Child soldiers. The Committee noted the information in the Government’s report submitted to the CRC of 22 September 2003 that, following the 2003 Comprehensive Peace Agreement, a National Veterans’ Programme was established to address the rehabilitation and reintegration of former child soldiers, in addition to collaboration with international organizations to provide trauma counselling, vocational skills training, literacy programmes and economic reintegration packages for these children (CRC/C/15/Add.21, paragraphs 222–225). The Committee also noted the information in the October 2006 Security Council Report on Child Soldiers (A/61/529–S/2006/826) that more than 10,963 children (77 per cent boys and 23 per cent girls)were demobilized in 2004 and 2005 through the UNMIL disarmament and demobilization programme (paragraph 56). The Committee further noted that UNICEF, as of 2006, operated a programme to rehabilitate and reintegrate former child soldiers, aiming to reach 5,445 demobilized children in seven counties.

The Committee noted that, in July 2009, the President officially closed the national disarmament, demobilization, rehabilitation and reintegration programme, though notes that the IOM still operates a project in Lofa County to provide reintegration assistance to conflict-affected women and girls, with on-the-job vocational training, small business start-up grants, reinsertion kits and livelihood tools. The Committee encourages the Government to continue initiatives to rehabilitate former child soldiers to reduce and eliminate the possibility of re recruitment in any conflict in the region. The Committee requests the Government to provide information on any ongoing programmes with a focus on the rehabilitation and social reintegration of children affected by conflict, in addition to the results achieved.

Child victims of commercial sexual exploitation. The Committee noted that the CRC, in its concluding observations of 1 July 2004, expressed that it shared the Government’s concern about the prevalence of child prostitution, particularly in urban areas (CRC/C/15/Add.236, paragraph 62). The Committee also noted the information in the OHCHR report of 27 August 2009 that school aged children are engaged in commercial sexual exploitation (paragraph 25). It further noted the information in the UNMIL Human Rights Report that child prostitution is on the rise in Lofa County (paragraph 41). The Committee expresses its concern at reports that, in some regions of the country, the commercial sexual exploitation of children is increasing and requests the Government to take the necessary measures to provide for the removal, rehabilitation and social reintegration of child victims of prostitution.

Clause (d). Identifying and reaching out to children at special risk. Children deprived of family care (orphans). The Committee noted the UNICEF information that there are approximately 270 000 orphans in Liberia, due to armed conflict, HIV/AIDS (more than 17,000 children have been orphaned by this epidemic) and other diseases (particularly malaria). The Committee observed that these children are at an increased risk for becoming engaged in the worst forms of child labour. The Committee noted the information in the OHCHR report that orphans are at an increased vulnerability to child trafficking; this report indicates that, in June 2009, the Government closed down an orphanage in Grand Gedeh County due to links with child trafficking (paragraph 24). The Committee also noted the information in the 2007 UNMIL report entitled “Human Rights in Liberia’s Orphanages” that many orphanages have poor record keeping, leaving children at an increased vulnerability to trafficking, and lack educational opportunities for orphans. Although the use of children to undertake the work of orphanage staff is prohibited, this report indicates that children residing in these institutions sometimes perform economically exploitative work, including working on farms connected with the orphanages. Noting the relatively large number of orphaned children in Liberia, the Committee requests the Government to take effective and time-bound measures to ensure their protection from the worst forms of child labour. It further requests the Government to provide information on the concrete measures implemented in this regard.

Children working on rubber plantations. The Committee noted the statement in the Government’s report that CLMCs have been established in seven key rubber plantations. However, the Committee noted the information in the 2006 UNMIL report entitled “Human Rights in Liberia’s Rubber Plantations” that child labour is frequently used on rubber plantations, often under hazardous conditions (page 7). This UNMIL report documented injuries sustained by children performing work on rubber plantations with dangerous chemicals without safety equipment or prior training, and that these children lacked access to educational facilities. This report also indicated that, although child labour is prohibited on many plantations, the plantation companies interviewed in the study admitted that they did not effectively monitor this phenomenon. In addition, the Committee noted the information in the UN Common Country Assessment on Liberia (UN CCA) of June 2006 that, following the end of the conflict in the country, significant levels of human rights violations have emanated from a number of rubber plantations throughout Liberia, including forced labour and child labour, allegedly perpetrated by ex-combatants occupying the plantations for economic gain (page 26). The UN CCA indicates that the UN established a special Task Force on Rubber Plantations to address these problems. The Committee requests the Government to provide information on the measures taken by the Task Force on Rubber Plantations to protect children working on rubber plantations from forced labour and hazardous work. It also requests the Government to provide additional information on the role of the CLMCs on rubber plantations in preventing this phenomenon.

Article 8. International cooperation and assistance. The Committee noted that the “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa” signed by Liberia and seven other countries of the region in 2005 (submitted with the Government’s report), binds the Government to take measures with regard to the prevention of child trafficking, and the protection, repatriation, rehabilitation and reintegration of child victims. The Committee also noted that the agreement obligates the Government to cooperate with other States in the region to address this phenomenon and establishes a Permanent Regional Monitoring Commission on Child Trafficking. The Committee further noted the information in the Trafficking Report that children are trafficked to Liberia from Sierra Leone, Guinea and Côte d’Ivoire, and from Liberia to Côte d’Ivoire, Guinea and Nigeria for domestic servitude, street vending, sexual exploitation, agricultural labour and forced begging. In light of this information, the Committee urges the Government to continue its regional cooperation efforts to ensure that persons under 18 are protected from trafficking. It requests the Government to provide information on concrete measures taken pursuant to the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee noted the Government’s statement that it has encountered difficulties in the application of the Convention, identifying gaps in legislation, the limited capacity of the NACOMAL and the delay in ratifying Convention No. 138 as particular constraints. The Committee noted these difficulties and, with regard to gaps in legislation, reminds the Government that it may avail itself of ILO technical assistance, to bring its legislation into conformity with the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Liberia, 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 those 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.