Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Ghana (Ratificación : 2000)

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Observación

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 200B of the Criminal Offences Act, 1960 as amended by the Criminal Offences (Amendment) Act, 2012 prohibits a person from engaging in racketeering and defines racketeering as the operation by a structured group of an unlawful activity that involves fraud, deceit, extortion, intimidation, violence or any other unlawful method in the execution of the activity. Section 200B(4) further provides that, unlawful activities associated with racketeering include bribery, prostitution, the sexual exploitation of children, gambling, narcotic drug offences, money laundering and human trafficking. The Committee requested the Government to indicate whether the use, procuring or offering of children under 18 years of age falls within the definition of racketeering under section 200B(4).

The Committee notes the Government’s information in its report that section 200B(4) covers the offences related to the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs. The Committee requests the Government to provide information on the application in practice of section 200B(4), in terms of the number of prosecutions, whether such prosecutions have been carried out against individuals or members of structured groups, convictions and penal sanctions applied for using, procuring or offering of children under the age of 18 years for illicit activities, in particular the production and trafficking of drugs.

Article 6. Programmes of action. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour (2017–21). In its previous comments, the Committee noted that the National Plan of Action Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2) had been approved and requested the Government to provide information on its implementation and impact in eliminating the worst forms of child labour.

The Committee notes the Government’s information that within the framework of the NPA2, 14 stakeholder groups were created from 1,023 communities for sensitization and capacity building to prevent the worst forms of child labour and about 7,357,170 individuals were sensitised. The awareness raising and sensitising activities were carried out in all the 260 districts through darbar (a public gathering), campaigns, radio programmes and through community information centres. Furthermore, capacity-building programmes were provided to 4,474 representatives from various institutions and groups, including members of the Parliament, law enforcement agencies, labour inspectors, Community Child Protection Committee (CCPC) members and community leaders, to identify and remove children from child labour and make referrals for rehabilitation. The Government also indicates that a total of 1,088 children (71 girls and 1,017 boys) between the age of 5 and 17 years were withdrawn from the worst forms of child labour from 2017 to 2020. The Committee requests the Government to continue to provide information on the implementation of the NPA2 and its impact in eliminating the worst forms of child labour, including statistical information, disaggregated by age and gender, on the number of children withdrawn from the worst forms of child labour and rehabilitated. The Committee also requests the Government to indicate any measures taken or envisaged to extend or renew the NPA2 to eliminate the worst forms of child labour.

2. National Plan of Action for the Elimination of Human Trafficking (NPA) (2017–21). Following its previous comments, the Committee notes the Government’s information on the following measures taken within the framework of the NPA for the Elimination of Human Trafficking: (i) 28 community dialogues and engagements were instituted by the Social Protection Department to educate community members on the dangers of trafficking of children and its vulnerability; and (ii) measures were taken, in collaboration with the Judicial Training School, to sensitize all High Court and Appeal Court Judges nation-wide on issues and modern trends in human trafficking in Ghana and globally. Accordingly, a total of 78 judges were trained in Accra and Kumasi. The Government further indicates that 783 victims of trafficking were rescued and rehabilitated. The Committee requests the Government to continue to provide information on the implementation of the measures taken to prevent the trafficking of children within the framework of the NPA for the Elimination of Human Trafficking (2017–21) and the results achieved including the number of children prevented and withdrawn from trafficking and rehabilitated. It also requests the Government to indicate any measures taken or envisaged to renew or extend the NPA for the Elimination of Human Trafficking.

Article 7(2)(d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVC). The Committee previously noted the implementation of the Livelihood Empowerment against Poverty (LEAP) programme, which aimed to empower the extremely poor, disadvantaged and vulnerable population of the country, including children in difficult situations like OVC, as well as its positive impact on the school attendance of OVC. It also noted from a report by Understanding Children’s Work (UCW), entitled Child Labour and the Youth Decent Work Deficit in Ghana, 2016, the various social protection policies and programmes and various ongoing initiatives undertaken to improve access to education. The UCW report further indicated that as of 2015, the programme had reached more than 90,000 households in over 100 districts throughout the country. The Committee encouraged the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour.

The Committee notes the Government’s information that orphaned and vulnerable children continue to be protected under the LEAP Programme through free education and medical care, in addition to cash transfer. According to the Government’s report, currently, 335,015 households are benefiting from the LEAP Programme, of which 150,765 are OVC households. It also notes the Government’s information that the Free Senior High School Policy introduced in 2017 has benefitted about 300,000 children who could not have accessed secondary education due to financial and other factors. However, the Committee notes that according to the UNAIDS estimates of 2020, approximately 240,000 children under the age of 17 years are orphaned due to HIV/AIDS in Ghana. Recalling that OVC are at a greater risk of being involved in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, including through the LEAP programme and other initiatives and programmes. It requests the Government to continue to provide information on the measures taken in this regard, as well as their impact, including the number of orphans who have been reached through such initiatives.