Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Angola (Ratification: 2001)

Autre commentaire sur C182

Observation

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that although Angolan law criminalizes kidnapping, forced labour and bonded servitude, it does not prohibit trafficking in persons, including children.

The Committee notes with satisfaction that section 19(2) of Law No. 3 of 2014 (on offences related to money laundering and organized crime) makes it an offence to offer, deliver, accept, transport, receive or accommodate a minor for purposes of sexual or labour exploitation with penalties of imprisonment ranging between 8 to 12 years. Section 23 of Law No. 3/2014 further provides for penalties for trafficking of minors abroad for sexual exploitation. The Committee requests the Government to provide information on the application in practice of sections 19(2) and 23 of Law No. 3/14 with regard to the trafficking of minors under the age of 18 years for sexual or labour exploitation.

Article 4(1). Determination of hazardous types of employment or work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

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 previously noted the ILO–IPEC information that close to 44 per cent of all children in Angola do not attend school. It also noted the Government’s indication that although the number of students attending primary school rose, there are high student failure and drop-out rates in the country and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade.

The Committee notes the information from UNESCO that despite the challenges emerging from a long and bloody war, Angola managed to triple the number of children in primary education from 2 to 6 million from 2002 to 2013. However, this excellent progress in access to primary education is marred by a low survival rate at primary level. Only a little over 30 per cent of school children achieve primary education, which is extremely low compared to the African average of 63 per cent. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 15 July 2016, expressed concern at the low enrolment rates at all school levels, high dropout rates at primary level, particularly among girls and the limited access to quality education in rural areas (E/C.12/AGO/CO/4-5; paragraph 53). While noting the progress made with regard to access to primary education, the Committee expresses its concern at the low enrolment and completion rates at primary level and at the situation of several vulnerable groups of children who are less likely to attend and complete school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to free basic education, particularly for children from poor families, rural areas and girls. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted the Government’s indication that the abduction of children began during the armed conflict and with the end of the conflict, a child protection programme was introduced whereby thousands of children were taken into hostels and camps for displaced persons and refugees, particularly girls who had been victims of sexual exploitation or slavery. The Committee also noted the ILO–IPEC information that the sexual and economic abuse of girls and boys, including the trafficking of children in certain parts of the country, had emerged as a problem. It further noted that the National Plan of Action and Intervention against the Sexual and Commercial Exploitation of Children (NPAI SCEC), which included the objectives of protecting and defending the rights of child victims of sexual and commercial exploitation and preventing the social exclusion of these child victims was being revised.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again urges the Government to redouble its efforts with regard to identifying child victims of trafficking and commercial sexual exploitation, and ensuring that identified victims are referred to appropriate services for their rehabilitation and social reintegration. It requests the Government to provide information on the results achieved. It also requests the Government to indicate whether the NPAI SCEC has been revised and to provide information on the measures taken, within its framework, to protect and rehabilitate child victims of commercial sexual exploitation.

Clause (d). 1. Street children. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict gave rise to the phenomenon of street children. It also noted the Government’s statement that although there had been a decrease in the number of children living on the street due to the relative improvement in the lives of the citizens, there remains a significant number of street children. Efforts were made to reintegrate street children into their biological families, or to place them in foster families, through the Family Tracing and Reunification Programme, which provided support to separated children in temporary institutions and reunited children with their families. The Government further indicated that cooperation was ongoing between different governmental partners to implement programmes to develop and upgrade the private institutions in which street children are sheltered (including the provision of integrated education and vocational training programmes).

The Committee notes that the Government’s report does not contain any information on this point. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to redouble its efforts to protect street children from the worst forms, and to provide for their rehabilitation and social reintegration. The Committee also requests the Government to provide information on the number of street children who have been provided with educational and vocational training opportunities in children’s institutions.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the Government’s information that the number of OVCs in Angola was rising. It also noted the Government’s indication that a National Action Plan for OVCs due to HIV/AIDS was under preparation, which includes strengthening family, community and institutional capacity to respond to the needs of OVCs, and an expansion of services and social protection mechanisms for these children. However, it noted the Government’s indication in its Country Progress Report to UNGASS that only 16.8 per cent of households with OVCs received basic external support.

The Committee observes that the Government’s report does not contain any information on this point. The Committee notes that according to the 2015 estimates of the UNAIDS, the number of orphans due to AIDS aged up to 17 years is approximately 130,000. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to take immediate and effective measures, within the framework of the National Action Plan for OVCs due to HIV/AIDS, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to the percentage of households with OVCs receiving support services and grants.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that children in Angola are involved in the worst forms of child labour, particularly in hazardous work (diamond mining and fishing), street labour and commercial sexual exploitation and trafficking. The Government stated that child trafficking was difficult to control due to the vast border and that Angolan children were taken from the capital city of the country and brought to the Democratic Republic of the Congo and that Congolese children were trafficked from Kinshasa into Angola.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again expresses its deep concern at the situation of persons under the age of 18 working in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms, particularly trafficking, commercial sexual exploitation, use in illicit activities and hazardous work. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour is available, and to provide 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 sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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