Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s reply to the communication of the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté), dated 17 October 2008, and the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. In its previous comments the Committee noted that Cameroon’s legislation did not appear to contain provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances. It further noted that Act No. 2005/015 of 20 December 2005, to combat the trafficking of children, contains no provisions expressly prohibiting the use, procuring or offering of children for illicit activities.

The Committee notes the Government’s information that these prohibitions will be taken into account in the draft Child Protection Code. It notes with regret that this Code has been in the process of adoption since 2006. The Committee reminds the Government that, according to Article 3(b) and (c) of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances and for illicit activities are considered as the worst forms of child labour and that, according to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour. Consequently, the Committee urges the Government to take the necessary steps to ensure that the Child Protection Code is adopted in the near future and that it contains provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances, and the use, procuring or offering of persons under 18 years of age for illicit activities, including the production and trafficking of drugs, as defined in the relevant international Conventions. Provision must also be made for penalties for the abovementioned offences. The Committee requests the Government to provide information on the progress made in this regard and to provide a copy of the Code as soon as it has been adopted.

Articles 5 and 7(1). Monitoring mechanisms and sanctions. Law enforcement agencies. The Committee noted previously that a vice squad had been established at the Interpol National Central Bureau (NCB-Interpol) in Yaoundé. It also noted that, in addition to the monitoring carried out by the vice squad, a telephone number has been made available to encourage the public to report abuse anonymously, and NCB-Interpol has set up a round-the-clock answering service to receive the calls. Furthermore, three contact officers are on permanent standby to carry out investigations. The Committee nonetheless noted the CGT–Liberté’s comment on the absence of any extracts from reports or documents regarding the operation of the vice squad.

The Committee notes the Government’s reply to the CGT–Liberté’s observation that the vice squad is operating well but, for security reasons, no information can be disclosed. It further notes from the information in the Government’s report that extracts of the vice squad’s report will be sent to the Office later. The Government also states in its report that it has no information on the exact number of children identified as victims of trafficking by the NCB-Interpol reporting system or on police investigations. The Committee notes, however, from a report entitled “2008 Findings on the Worst Forms of Child Labour”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the police arrested three traffickers attempting to traffic seven children for the purpose of labour exploitation. According to the same report, the Government of Cameroon has made an effort to monitor its borders for trafficking. However, the Committee notes the information in a report entitled “Trafficking in Persons Report 2010 – Cameroon”, also published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the Government of Cameroon did not show evidence of increasing efforts to convict and punish trafficking offenders or to identify and protect victims of trafficking. In the course of the reporting period, the authorities conducted investigations into 26 cases of human trafficking, none of which resulted in a prosecution. The report also indicates that there were signs of some officials’ involvement in trafficking. Furthermore, judges, law enforcement officials and social workers do not enforce Act No. 2005/015 because they are unfamiliar with it. Indeed, there is no system to provide them with copies of new laws. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of 18 February 2010 (CRC/C/CMR/CO/2, paragraph 75), expressed regret at the low level of enforcement and implementation of Act No. 2005/015, as well as the lack of data and remedial action. The Committee expresses its deep concern at the low level of enforcement of Act No. 2005/015 and at the allegations of involvement of law enforcement officials in human trafficking. The Committee urges the Government to redouble its efforts to ensure that anyone engaging in the sale and trafficking of children under the age of 18 and any state official involved in such acts is prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. In this regard, the Committee requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of offenders are carried out, in particular by building the capacity of law enforcement agencies through the dissemination of Act No. 2005/015. It requests the Government to provide information on the measures taken to this end and on the results obtained, particularly in terms of the number of investigations and prosecutions carried out.

Article 6. Programmes of action. In its previous comments the Committee noted the completion of the LUTRENA project in Cameroon and accordingly asked the Government to take steps to secure the adoption of a national policy to combat the trafficking of children for the purpose of exploiting their labour, in accordance with the recommendations in the study carried out by ILO–IPEC–LUTRENA in 2005.

The Committee notes that the Government has sent no information on this matter. It notes, however, from the Government’s second report to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraphs 222 and 223) that the Government refers to a national plan of action to combat child labour and trafficking in children and a plan of action to combat the sexual exploitation of children, which were drawn up in October 2005. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/CMR/CO/2, paragraph 73) of 18 February 2010, welcomed the approval in July 2009 of the National Plan to Combat Trafficking and Sexual Exploitation. The Committee accordingly requests the Government to provide information on the measures taken under the National Plan to Combat Trafficking and Sexual Exploitation adopted in July 2009, and to provide a copy of this Plan.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes the Government’s replies to the CTG–Liberté’s observations stating that there are many reception, transit and accommodation centres in various parts of the country and that the territorial officers have always set up ad hoc transit and accommodation centres when they have to deal with a convoy of trafficked persons. It also notes the information in the Government’s report that there is a plan to set up a national network for combating the trafficking of children and child labour, made up of representatives of the various state authorities, as part of the transfer of ownership of the WACAP and LUTRENA projects, now under way.

The Committee notes the information in the Trafficking in Persons Report 2010 that the system for referring the victims of trafficking to transit and shelter facilities involves cumbersome administrative procedures. The report also states that in August 2009 the Ministry of Social Affairs began working with UNICEF to draft a manual that would show well‑respected families in local communities how to create foster homes that provide shelter, food, health care and education to trafficking victims. This new system to protect such victims through the provision of foster care is to start up in 2010. The Committee further notes that in its written replies to the list of issues raised by the Committee on the Rights of the Child in its examination of the second periodic report (CRC/C/CMR/Q/2/Add.1, paragraph 59), the Government places action to combat the trafficking and exploitation of children among its urgent and high priority issues. The Committee requests the Government to redouble its efforts to prevent children under 18 years of age from falling victim to sale and trafficking and to remove them from these worst forms of child labour, taking care in particular to simplify the administrative procedure for placing child victims of trafficking in transit and shelter facilities. The Committee also asks the Government to provide information on the number of children actually removed from this worst form of child labour and placed in transit and shelter facilities and foster families. It further asks the Government to provide information on the rehabilitation and social integration measures taken to provide child victims of sale and trafficking with access to free basic education and occupational training. Lastly, the Committee requests the Government to continue to provide information on the implementation and functioning of the national network to combat the trafficking of children.

2. Hazardous work and exploitation of child labour in cocoa plantations. The Committee noted previously that a system to monitor child labour in plantations has been set up and that a number of children were prevented from working on cocoa plantations or withdrawn from such work under the WACAP project. Noting that the WACAP project had ended in Cameroon, it asked the Government to take steps to follow up on these prevention and withdrawal measures, particularly for children working on cocoa plantations.

The Committee notes the Government’s information that, under the WACAP and LUTRENA projects, 5,413 children were rescued from trafficking. Noting that the Government’s report contains no information on the follow-up to the WACAP project, it urges the Government to take immediate and effective measures to prevent children under 18 years of age from working in cocoa plantations and to have them withdrawn therefrom. It also asks the Government to take measures for their rehabilitation and social reintegration, in particular, by affording them access to free compulsory basic education and to vocational training. Lastly, it asks the Government to supply detailed information on the measures taken to this end and on the results obtained.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. In its previous comments the Committee noted that according to the UNAIDS 2008 Report on the Global AIDS Epidemic, the number of children orphaned because of HIV/AIDS appeared to have increased to 300,000 in 2007. It accordingly asked the Government to step up efforts to prevent the employment of children in the worst forms of child labour.

The Committee notes the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraph 31) of April 2008 that, with the involvement of the Global Fund to Fight AIDS, Tuberculosis and Malaria, an initiative under the authority of the Ministry of Social Affairs aims to provide access for 300,000 orphans and vulnerable children (OVCs) to basic social services by 2010. It notes, however, from the same report that the Government has noted an aggravation of the HIV/AIDS pandemic, which has resulted in an increase in the number of OVCs. Indeed, in its report of March 2010 submitted in the context of follow-up to the Declaration of Commitment on HIV/AIDS, the Government indicates that in 2009 there were 327,600 HIV/AIDS orphans in Cameroon. It further notes that efforts undertaken remain insufficient, and that the promotion of education for OVCs must be continued. The Committee also notes that, in its concluding observations (CRC/C/CMR/CO/2, paragraph 45), the Committee on the Rights of the Child expressed concern about the limited availability of residential care facilities and other forms of alternative care for abandoned children and orphans, as well as the limited quality of care in institutions. It likewise expressed concern about the lack of an adequate policy and insufficient human, technical and financial resources for alternative care. Expressing its concern at the increase in the number of HIV/AIDS orphans, the Committee urges the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS are not engaged in the worst forms of child labour. It asks the Government to provide information on the measures taken and the results obtained under the National Programme for Support to Orphans and Vulnerable Children (PNS-OVC), with particular reference to the provision of access to free compulsory basic education for OVCs.

2. Street children. Further to its previous comments, the Committee takes note of the statistics sent by the Government in its report showing that, between 2008 and 2009, 904 street children of 4 to 18 years of age were identified by the Yaoundé and Douala social centres. Of the 469 children identified in 2009, 119 were returned to families, 63 were enrolled in school and 62 were placed in institutions. The Committee notes the information supplied by the Government in its report of April 2008 to the Committee on the Rights of the Child (CRC/C/CMR/2, paragraphs 233 and 235) that in Cameroon there are 10,000 children living and/or working in the streets countrywide, particularly in big cities such as Yaoundé, Douala and Ngaoundéré. It further notes that, in its written replies to the list of issues raised by the Committee on the Rights of the Child (CRC/C/CMR/Q/2/Add.1, paragraph 59), the Government places action to combat the street children phenomenon among the issues it deems to be of high priority and in need of urgent attention. Furthermore, according to information given by the Government to the Committee on the Rights of the Child, a new project to combat the phenomenon of street children is scheduled to start up in March 2010. Considering that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its effort to identify, withdraw and reintegrate street children. It asks the Government to provide information on the measures taken and the results obtained under the project to combat the phenomenon of street children.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistics published in the National Report on Child Labour in Cameroon conducted by the National Institute of Statistics (INS) in cooperation with ILO–IPEC and published in December 2008. The results of the abovementioned survey show that in 2007 2,441,181 children aged between 5 and 17 years (41 per cent) worked in Cameroon. The report also shows that 266,594 children (4.4 per cent) in this age group are affected by hazardous work. Furthermore, the percentage is nearly twice as high in urban as in rural areas and the phenomenon is particularly marked in cities such as Douala and Yaoundé. The Committee also notes that, according to the report on the worst forms of child labour, most working children are to be found in the urban informal sector. The Committee nonetheless observes that, among the worst forms of child labour, only hazardous work is dealt with by the National Report on Child Labour. It takes note of the concern expressed by the Committee on the Rights of the Child in its concluding observations (CRC/C/CMR/CO/2, paragraph 19) about the lack of reliable data, inter alia, on street children and child victims of trafficking or sexual exploitation. The Committee expresses deep concern at the number of children employed in hazardous work and accordingly urges the Government to take immediate and effective measures to ensure that children are protected from this worst form of child labour in practice. It also asks the Government to provide statistics on the nature, extent and trends of worst forms of child labour, particularly as regards the sale and trafficking of children and street children. It further requests the Government to provide information on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee is raising other points in a request addressed directly to the Government.