Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first and second reports. It also notes with interest the adoption of the General Labour Act in 2000 (Act No. 2/00), which includes more complete provisions than those contained in Decree No. 58/82 on the protection of young persons. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest the Government’s indication that a Memorandum of Understanding (MOU) with ILO/IPEC has been submitted to the competent authorities for adoption. The Committee requests the Government to provide information on the progress achieved in the adoption of the MOU.

Article 3. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that the national legislation does not appear to prohibit the sale and trafficking of children for both economic and sexual purposes. The Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 66 and 67), the Committee on the Rights of the Child expressed concern about the extent of the problem of the sexual exploitation and trafficking of children. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to combat the trafficking of children for sexual and other exploitative purposes. Among other measures, the Committee on the Rights of the Child recommended the Government to ensure an appropriate legal framework and sufficient human and financial resources for its implementation. The Committee on the Rights of the Child also encouraged the Government to include a provision in the Penal Code defining and penalizing trafficking. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is considered to be one of the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In view of the above information, the Committee requests the Government to take the necessary measures to ensure that the sale and trafficking of young persons under 18 years of age for sexual or economic exploitation is prohibited. The Committee also requests the Government to establish penalties in this regard.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that section 4 of the General Labour Act prohibits forced or compulsory labour.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this subject. However, according to the information available to the ILO, article 152, paragraph 1, of the Constitution provides that the defence of the homeland is a right and a duty for each citizen. Under paragraph 2 of article 152 of the Constitution, military service is compulsory and is regulated by the law. In accordance with Act No. 1/93 respecting military service, such service is compulsory for men aged between 20 and 45 years. Furthermore, under the terms of Decree No. 40/96 on the application of military service, men may enrol voluntarily as from 18 years and women from 20 years of age. The Committee requests the Government to provide a copy of Act No. 1/93 respecting military service and Decree No. 40/96 on the application of military service.

Nevertheless, the Committee notes that, in its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 60 and 61), while welcoming the action taken by the Government for disarmament, demobilization and the reintegration of combatants, the Committee on the Rights of the Child expressed deep concern that inadequate attention was being given to the plight of former child soldiers, and particularly girls. It also expressed concern about the situation of children in the enclave of Cabinda, which is still affected by violent conflict.

The Committee of Experts requests the Government to renew its efforts to remedy the situation of children who are still affected by conflict. It also requests the Government to provide information on the measures adopted to secure the effective enforcement of the legislation prohibiting the forced or compulsory recruitment of children for use in armed conflict. The Committee further requests the Government to indicate whether it has established or envisages establishing an overall strategy to prevent the participation of young persons under 18 years of age in armed conflict.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Government has not provided any information on this subject. It requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not provided any information on this subject. However, it notes from the information available to the ILO that in 1999 the Government adopted Act No. 3/99 respecting the trafficking and consumption of drugs and other psychotropic substances and Act No. 4/99 controlling the unlawful sale of drugs and other psychotropic substances. The Committee requests the Government to provide copies of these two Acts. It further requests the Government to indicate whether their provisions prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If the national legislation does not include provisions prohibiting the use, procuring or offering of a child for illicit activities, the Committee requests the Government to take the necessary measures to that effect as a matter of urgency, in accordance with Article 3(c) of the Convention.

Clause (d). 1. Types of hazardous work. The Committee notes that, under the terms of section 284(1) of the General Labour Act, "minors" may not be employed in work which, by its nature, presents potential risks or which, in view of the circumstances in which it is carried out, is harmful for their physical, mental and moral development. The Committee notes that, under section 2(1) of Decree No. 58/82, it is prohibited to employ "minors" in work which, by its nature or the circumstances in which it is carried out, is likely to cause mental or physical harm to normal development. In accordance with section 1(2) of Decree No. 58/82, for the purposes of the Decree, "minors" are considered to be persons aged over 14 years but under 18 years. The Committee observes that, although Decree No. 58/82 defines the term "minor", the General Labour Act does not do so. It is therefore not clear what the age for admission to hazardous types of work established by the General Labour Act is. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, must be prohibited in respect of all young persons under 18 years of age. The Committee therefore requests the Government to indicate the definition of the term "minor" for the purposes of section 284(1) of the General Labour Act.

2. Self-employed workers. Furthermore, the Committee notes that section 1(1) of the General Labour Act provides that the Act applies to all workers providing paid services on behalf of an employer and under the employer’s management and direction. The Committee observes that, by virtue of this provision, the General Labour Act does not apply to young persons under 18 years of age who are not covered by contractual employment relations and who are engaged in types of hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age are afforded the protection set out in Article 3(d) of the Convention so as not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work. The Committee notes that the prohibition to employ young persons between 14 and 18 years of age on types of hazardous work contained in section 2(1) of Decree No. 58/82 covers, in particular, underground work, work in mines, quarries, power stations, high-temperature furnaces and any heavy work, as well as work in the occupations covered in the Schedule to Decree No. 58/82 where they are related to the production or handling of the products enumerated in the Decree. The Committee further notes that section 284(2) of the General Labour Act and section 3 of Decree No. 58/82 prohibit the employment of young persons in theatres, cinemas, nightclubs, cabarets, discotheques or other similar establishments, and their use as vendors or in publicity for pharmaceutical products. The Committee notes that Decree No. 58/82 was adopted well before the ratification of the present Convention.

In this regard, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of types of hazardous work determined has to be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this connection, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee notes that, under section 2(3) of Decree No. 58/82, the list of types of work prohibited for minors has to be revised annually. The Committee trusts that, when the list of types of work prohibited for minors contained in Decree No. 58/82 is revised, the Government will take into consideration the types of activity enumerated in Paragraph 3 of Recommendation No. 190. The Committee further requests the Government to provide information on the consultations held with employers’ and workers’ organizations.

Paragraph 2. Identification of where the types of hazardous work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests it to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work exist, and to provide information on the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that Decree No. 11/03 establishes a scale of fines for violations of the General Labour Act. Under section 4 of Decree No. 11/03, the imposition of the fines is the exclusive responsibility of the labour inspectorate. The Committee also notes that, under section 3(a) of Decree No. 9/95 issuing regulations governing the general labour inspectorate, the functions of the general inspectorate include securing the enforcement of legislative provisions relating to conditions of work and the protection of workers. Furthermore, section 13 of Decree No. 9/95 provides that labour inspectors may initiate proceedings in cases where they identify violations of the rules in force during the discharge of their duties. Under section 12(2) of Decree No. 9/95, the labour inspector first has set a time limit to remedy the infringement. The Committee requests the Government to provide information on the activities of the labour inspectorate or any other mechanism established to monitor the implementation of the provisions giving effect to the present Convention, including extracts of inspection reports, and to indicate the scope and nature of the infringements detected against children and young persons engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, by virtue of Decision No. 24/99 of 31 December 1999, the Government formulated a National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children. The Committee requests the Government to provide a copy of thisNational Plan of Action and to supply information on its impact on the elimination of the sexual and commercial exploitation of children. It further requests it to provide information on the consultations held with the organizations of employers and workers, in accordance with the provisions of this Article, and to indicate the extent to which the points of view of other concerned groups have been taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that, under the terms of section 8 of Decree No. 11/03 establishing the scale of fines for violations of the provisions of the General Labour Act, the practice of forced or compulsory labour, in violation of section 4 of the General Labour Act, shall be penalized by a fine of from five to ten times the average monthly wage in the enterprise. The Committee notes that, under section 61 of Decree No. 11/03, violations of the provisions of section 284(1) of the General Labour Act, namely the types of work that are prohibited for minors, shall be penalized by a fine of from five to ten times the monthly wage paid by the enterprise. It further notes that, under section 13 of Decree No. 58/82, a fine of from 5,000 to 20,000 Kz shall be applicable to those responsible for enterprises which have not applied the provisions of the Decree. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Noting that the Government has not provided any information concerning Article 7, paragraph 2(c) and (e), of the Convention, the Committee requests it to provide detailed information on the effective and time-bound measures taken to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to UNICEF information, nearly half of children in Angola do not attend school (over 1 million children). In this respect, the Committee notes with interest that the Government has adopted a National Plan of Action for Education up to 2015. This National Plan of Actionis intended to determine an explicit policy concerning the approach to be adopted for the education of children; increase the school attendance rate to achieve 100 per cent in 2005; and improve the quality of teaching. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, particularly among girls. It requests the Government to provide information on the impact of the National Plan of Action for Education, in particular with regard to effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraph 250), the Government indicated that the abduction of children began during the armed conflict. The victims were both boys and girls of all ages. When the child protection programme was introduced at the end of the conflict, thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been in situations of sexual exploitation or slavery. The Committee requests the Government to provide information on the measures taken to protect these children against sexual exploitation or slavery and to provide for their rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Children displaced as a result of the conflicts. The Committee notes the annual report of the Special Representative of the Secretary-General for Children and Armed Conflict (E/CN.4/2003/77, of 3 March 2003). It notes in particular that, following a visit to Angola in May 2002, the Special Representative expressed concern over the large numbers and appalling conditions of internally displaced children, especially those emerging from previously inaccessible areas, the large numbers of separated and orphaned children, the widespread malnutrition, and the almost total destruction of the country’s health and education systems. The Special Representative recommended the Government to take certain measures to: address the humanitarian crisis and its impact on internally displaced children, especially those emerging from the newly accessible areas of the country, by providing adequate food, water, sanitation and health care; redirecting national and international resources towards the rehabilitation of social services which benefit children, especially schools, medical centres and vocational training centres. He also urged Angola to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee considers that children affected by armed conflict are a particularly vulnerable group during the phase of transition to peace and the process of reconstruction. The Committee requests the Government to provide information on the effective and time-bound measures taken, in accordance with the recommendations described above, to respond to the situation of children affected by the conflict. It further requests the Government to provide information on the impact of these measures on the rehabilitation and social integration of former child combatants, and particularly to indicate the numbers of former child combatants who have been reintegrated through these measures.

2. Street children. In its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 249 and 251), the Government indicates that the armed conflict has devastated towns and villages, causing the displacement of a large number of people towards areas of relative security. Among the displaced are many unaccompanied children, a situation that has given rise to the phenomenon of street children. The Government adds that it has identified strategies for the care of these children and, in partnership with some NGOs, has set up hostels with the aim of getting these children off the streets and offering them shelter, thereby protecting them from dangerous situations. In its concluding observations on the initial report of the Government in October 2004 (CRC/C/15/Add.246, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the increasing number of street children. The Committee on the Rights of the Child recommended that a comprehensive study be conducted to assess the situation of street children and that measures be taken to prevent and reduce this phenomenon. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, according to a document published in 2004 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), UNICEF and the World Health Organization (WHO), at the end of 2003 the estimated number of children under 17 years of age who had lost their mother or father or both parents to AIDS was 110,000. Around 130,000 women were affected by the HIV/AIDS virus. The Committee observes that the HIV/AIDS pandemic has repercussions on children who are orphans as they run a much greater risk of falling victim of the worst forms of child labour. In this respect, the Committee notes the information provided by the Government in its initial report submitted to the Committee on the Rights of the Child in August 2004 (CRC/C/3/Add.66, paragraphs 274, 276 and 277), according to which the proportion of orphans is likely to increase in the next decade because of HIV/AIDS and this development will have a negative impact on the number of children who attend school and who work, since children who have lost one or both parents are more likely to drop out of school and to enter the labour market prematurely. Angola, which is situated in a geographical area where the HIV/AIDS prevalence rates are considered to be the highest in the world, has begun, in cooperation with the States of the region, to devise policies to protect orphans and vulnerable children affected by HIV/AIDS. This effort was launched in Namibia in 2002 during the Eastern and Southern Africa Regional Orphans and Vulnerable Children Workshop, organized by UNICEF, with a view to studying the situation, implementing a common strategy for children and reducing prevalence rates. The Committee requests the Government to provide information on the effective and time-bound measures taken to improve the situation of these children, and particularly on policies or plans of action to protect orphans and vulnerable children affected by HIV/AIDS.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Angola is a member of Interpol, the organization which assists cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, according to information from the World Bank, the Government is preparing a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures adopted or envisaged in the context of the PRSP relating to the elimination of child labour. It further encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Angola. In this respect, it notes the Government’s indication that it is difficult to evaluate the difficulties of the implementation of the Convention in view of its recent ratification. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and sanctions. To the extent possible, all information provided should be disaggregated by sex.

Finally, the Committee requests the Government to provide a copy of the Penal Code.