Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that Cameroon is one of nine West African countries, along with Benin, Burkina Faso, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo, which participate in the Subregional Programme to Combat the Trafficking of Children in West and Central Africa (LUTRENA) which was launched in July 2001 in collaboration with the ILO/IPEC. One of the objectives of the LUTRENA programme is to strengthen national legislations in the field of the fight against trafficking in children, with a view to effectively harmonizing the legislation prohibiting trafficking. The Committee notes that section 293(1)(b) of the Penal Code provides for sanctions for any person who engages in the trafficking of another person. Moreover, section 352 and section 353 of the Penal Code respectively provide for penalties for the kidnapping of minors or kidnapping by fraud or violence. It notes however that, according to the synthesis report on the ILO/IPEC subregional project entitled "Combating the Trafficking in Children for Labour Exploitation in West and Central Africa", Cameroon is a destination country for children, mainly from Benin and Nigeria, both for economic and sexual exploitation. One existing gap in the national legislation is the fact that children can cross the border of a country without prior parental consent, thus facilitating the work of intermediaries. The Committee notes that, according to ILO/IPEC information for 2004, LUTRENA has carried out activities in Cameroon aimed at strengthening the national legislation on the fight against trafficking in children.

The Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking in children under the age of 18 is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the measures necessary to strengthen the national legislation on the sale and trafficking of children both for economic and sexual purposes. It also requests the Government to indicate to what extent sections 293(1)(b), 352 and 353 of the Penal Code criminalize those persons found guilty of the sale and trafficking of children under the age of 18 both for economic and sexual exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 293(1)(a) of the Penal Code imposes sanctions on any person who enslaves another or keeps him in slavery. It also notes that section 292 of the same Code also imposes sanctions on any person who, in his own interest, requires another to perform work or service against his will. Furthermore, the Committee notes that, under the terms of article 2(3) of the Labour Code, forced or compulsory labour is prohibited. By virtue of section 2(4) of the Labour Code, "forced or compulsory labour is work or service exacted from an individual under the menace of any penalty whatsoever and for which the said individual has not offered her or himself voluntarily".

3. Forced or compulsory recruitment of children for use in armed conflict. Noting that the Government has not supplied any information on this provision of the Convention, the Committee recalls that, by virtue of Article 3(a), the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour. It thus requests the Government to supply information on the provisions of the legislation prohibiting the forced or compulsory recruitment of children under 18 years of age for use in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution, the production of pornography or for pornographic performances. The Committee notes that, in its concluding observations on Cameroon’s initial report, made in November 2001 (CRC/C/15/Add.164, paragraphs 64 and 65), the Committee on the Rights of the Child expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. The Committee recommended that the Government undertake studies with a view to assessing the scope of commercial sexual exploitation of children, in particular with regard to prostitution and pornography.

With respect to prostitution, the Committee notes that section 294(1) of the Penal Code imposes penalties on anyone who entices, assists or facilitates another person to enter into prostitution or who receives a share, even on an occasional basis, of the profits of the prostitution of another person or who receives subsidies from a person engaged in prostitution. It also notes that, by virtue of section 343(2) of the same Code, penalties shall be imposed on whosoever, with a view to prostitution or debauchery, publicly, through the use of gestures, words, the written word or by any other means, proceeds to solicit another person of either sex. Moreover, the Committee notes that section 344 of the Penal Code criminalizes those who instigate, encourage or facilitate the debauchery or corruption of a person under the age of 21. Having taken account of the concerns expressed by the Committee on the Rights of the Child, the Committee notes that the application of the national legislation in practice presents certain difficulties. It requests the Government to supply information on the implementation of the above provisions of the penalties in practice, providing, amongst others, reports on the number of convictions. Furthermore, the Committee requests the Government to indicate whether the national legislation contains provisions criminalizing the client in the case of prostitution.

As to pornography, the Committee notes that the national legislation does not seem to include provisions giving effect to this provision of the Convention. The Committee recalls that Article 3 of the Convention identifies the use, procuring and offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It therefore requests the Government to indicate the measures taken or envisaged to prohibit this form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not supplied any information on this provision. It recalls that, by virtue of Article 3 of the Convention, the use, procuring or offering of a child for illicit activities is identified as one of the worst forms of child labour. The Committee requests the Government to indicate the measures taken or envisaged to prohibit this form of child labour.

Article 3(d). Hazardous work. Self-employed workers. The Committee notes that section 1(1), Act No. 92/007, of 14 August 1992, promulgating the Labour Code (Labour Code) applies to employment relations between workers and employers. Section 1(2) defines the term "worker" as any person who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, that other person being considered to be the "employer". The Committee notes that, accordingly, the Labour Code does not apply to children under 18 who do not work under an employment contract but who are engaged to do hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides that self-employed children enjoy the protection provided in Article 3(d) of the Convention, that is to say, to ensure that they do not become engaged in 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.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that Order No. 17 relative to child labour of 27 May 1969 (Order No. 17) contains several provisions that prohibit children under 18 from engaging in hazardous work. Thus, section 10(1) of the Order prohibits the employment of children (under 18), whether worker or apprentice (section 2) in underground work in mines, quarries and tunnels. Section 14 of the Order prohibits the employment of children in all work involving the use of compressed air. Alongside its specific provisions, Order No. 17 contains a table A consisting of a detailed list of the types of dangerous work prohibited to children under 18. Furthermore, under the terms of section 3 of Order No. 17 "[…] the employment of children is subject to compliance with satisfactory working conditions which guarantee their health, physical and mental development and morals".

Paragraph 2. Identification of types of hazardous work. The Committee notes that the Government has not supplied any information relative to this paragraph. It recalls that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultations with the organizations of employers and workers concerned, shall identify where the types of work so determined exist. It thus requests the Government to take the measures necessary to give effect to the Convention with regard to this subject.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that sections 105 to 111 of the Labour Code establish the functions of the labour and social security inspectors. The Committee requests the Government to supply information on the functions of the labour and social security inspectors, in particular with regard to the worst forms of child labour, especially by means of extracts from reports or documents. To the extent that Article 3(a) to (c) of the Convention addresses offences of a criminal nature, the Committee also requests the Government to indicate whether monitoring mechanisms which complement the labour and social security administration service have been implemented to ensure the application of these provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National action programme for the elimination of the worst forms of child labour. The Committee notes the information provided by the Government, according to which a Memorandum of Understanding (MOU) is soon to be signed by the Government with the ILO/IPEC programme. It also notes that, in this context, a national action programme for the elimination of the worst forms of child labour is to be developed and that the organizations of employers and workers will be closely involved in developing this action plan. Furthermore, it notes that a national steering committee is to be established when the programme reaches the implementation stage. The Committee requests the Government to supply information on the national action programme for the elimination of the worst forms of child labour as soon as it has been developed. It requests the Government, furthermore, to supply information on the operation of the national steering committee as soon as it has been established.

2. Subregional Programme to Combat the Trafficking of Children in West and Central Africa (LUTRENA). The Committee notes that, in the context of the LUTRENA programme, the Government has developed a national action plan to combat trafficking in children. It requests the Government to provide information on the impact of the national action plan on the elimination of trafficking in children and on the results attained.

Article 7, paragraph 1. Penalties. The Committee notes that sections 292, 293, 294, 343, 352 and 353 of the Penal Code criminalize slavery, the sale and trafficking of children, forced or compulsory labour, as well as the use, procuring or offering of a child for prostitution. It also notes that sections 167, 172 and 184 of the Labour Code provide penalties in the case of infringements of the provisions relative to hazardous work. 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. Clauses (a), (c) and (e). Preventing the engagement of children in the worst forms of child labour and the special situation of girls. The Committee notes the information provided by the Government, according to which the national action programme for the elimination of the worst forms of child labour, which will be developed following the signature of the MOU between the Government and the ILO/IPEC will include measures to respond to specific concerns, in particular with regard to: the identification of children at special risk from illicit labour; the special situation of girls and access to free basic education and vocational training for children who have been removed from the worst forms of labour. The Committee requests the Government to provide more information on the implementation of the national action programme for the elimination of the worst forms of child labour with regard to the particular concerns mentioned above and on the results attained.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes that, in its concluding observations of November 2001 (CRC/C/15/Add.164, paragraphs 60 and 61), the Committee on the Rights of the Child expressed deep concern at the large number of children being sold by their parents and who are consequently exploited in the labour market. That Committee also expressed concern at information on alleged instances of trafficking in children for their exploitation in Cameroon and neighbouring countries and at the possible use of inter-country adoption for the purpose of trafficking and recommended that the Government take measures to prevent and combat the sale and trafficking of children, including an awareness-raising campaign and educational programmes aimed at parents in particular; facilitate the reunification of child victims with their families and provide adequate care and rehabilitation for them.

The Committee notes that, according to the information available to the Office, the LUTRENA programme has allowed more than 9,000 child victims of trafficking in nine countries which participate in the programme, to be removed from this worst form of child labour and to benefit from rehabilitation programmes. The Committee requests the Government to supply information on the impact of the LUTRENA programme in Cameroon, in particular with regard to the number of child victims of trafficking who have been removed. It also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of these children.

2. The ILO/IPEC regional West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour (WACAP). The Committee notes that Cameroon is a participant in the ILO/IPEC regional West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour (WACAP), alongside Côte d’Ivoire, Ghana, Guinea and Nigeria. According to the information available to the ILO, 150 children have been removed from cocoa plantations in Cameroon and a further 100 are soon to be removed. Furthermore, it notes that financial aid has been granted to the families to facilitate the rehabilitation and social reinsertion of the children affected. The Committee requests the Government to provide more information on the implementation of this programme and on the results attained.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, in its concluding observations on the initial report of Cameroon (CRC/C/15/Add.164, paragraphs 46 and 47), the Committee on the Rights of the Child noted the existence of a national AIDS prevention programme and the effort of the Government in that respect (e. g. agreement with pharmaceutical companies to ensure cheap access to AIDS drugs). However, that Committee remained extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children, the resulting number of children orphaned by HIV/AIDS, and the lack of alternative care for these children. That Committee recommended that the Government:

n  increase its efforts to prevent HIV/AIDS;

n  urgently consider ways of minimizing the impact upon children of HIV/AIDS-related deaths of parents, teachers and others, in terms of children’s reduced access to a family life, to adoption, to emotional care and education;

n  involve children in formulating and implementing preventive policies and programmes; and

n  seek further technical assistance from, inter alia, UNAIDS. The Committee also notes that, according to the information contained in the epidemiological fact sheet for 2004, produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 240,000 children orphaned as a result of HIV/AIDS in Cameroon. The Committee observes that HIV/AIDS has consequences for these orphans who are at a greater risk of becoming engaged in the worst forms of child labour. The Committee recommends that the Government make every effort to reduce the incidence of HIV/AIDS by preventing its transmission among the population and to supply information on the specific measures taken within a prescribed period to protect children orphaned by HIV/AIDS from becoming engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of November 2001 on the initial report of Cameroon (CRC/C/15/Add.164, paragraphs 62 to 65), the Committee on the Rights of the Child expressed its concerns at the increasing number of street children and at the lack of specific mechanisms to address this situation and to provide those children with adequate assistance.

The Committee considers that street children are at special risk from the worst forms of child labour. In this regard, the Committee notes that the Committee on the Rights of the Child expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, especially among those living or working in the street. Concern was also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of children victims of such abuse and exploitation. The Committee on the Rights of the Child recommended that the Government implement appropriate policies and programmes for prevention and for the rehabilitation and recovery of child victims according to the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm, in 1996. The Committee accordingly requests the Government to provide information on the measures taken within a prescribed period in order to protect children living or working in the street from the worst forms of child labour, in particular with regard to child victims of sexual exploitation for commercial purposes. It also requests the Government to supply information on the measures taken in order to ensure the rehabilitation and social reintegration of the children affected.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Cameroon is a member of Interpol, an organization which facilitates cooperation between countries in different regions, above all in the fight against trafficking in children. It also notes that, according to information provided by the World Bank, the Government has implemented a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction strategies 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 any significant impact the PRSP has on the elimination of the worst forms of child labour, with regard, in particular, to the prevention of the sale and trafficking of children and the rehabilitation of child victims of such activities.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that there do not appear to be any statistics available with regard to the number of child victims of the worst forms of child labour in Cameroon. It thus hopes that the Government will be in a position to provide in its next report statistics and information 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 penalties imposed. To the extent possible, the information provided should be disaggregated by sex.