Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cameroun (Ratification: 2002)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children. Monitoring mechanisms and penalties. The Committee previously noted that, according to the estimates of the 2012 study produced jointly by the Government and the “Understanding Children’s Work” programme, between 600,000 and 3 million children were victims of trafficking in Cameroon. It noted that Act No. 2005/015 concerning the trafficking of children and child labour had been repealed and replaced by Act No. 2011/024, which is broader in scope. The Committee also noted the observations of the International Trade Union Confederation (ITUC) to the effect that the Government had reportedly conducted ten investigations into the trafficking of children in 2013, which could hardly be considered an adequate response given the scale of the problem. In the Committee on the Application of Standards at the 104th Session of the International Labour Conference in June 2015, the Government representative of Cameroon to the Conference Committee pointed out that the low number of investigations was due to the small number of complaints made.

The Committee notes that the provisions of Act No. 2011/024 have been incorporated into the new Penal Code, which was adopted through Act No. 2016/007 (section 342-1). It also notes the Government’s indications in its report that awareness raising in relation to the scourge of the trafficking of children has been conducted for all parties involved in combating child labour, including the heads of decentralized departments of sectoral administrations, and they have been recommended to systematically report any proven case of commercial trafficking and exploitation of children. However, the Committee observes that the Government does not respond to the Committee’s concerns regarding the low number of investigations and prosecutions relating to the trafficking of children in Cameroon.

The Committee reminds the Government once again that under Article 5 of the Convention, member States must establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention, irrespective of any complaints filed by victims. Moreover, referring to the General Survey of 2012 on the fundamental Conventions, the Committee emphasizes that any penalties laid down will only be effective if they are applied in practice, which requires procedures for bringing violations to the attention of the judicial and administrative authorities, and that these authorities be strongly encouraged to apply such penalties (paragraph 639). The Committee therefore urges the Government to take the necessary steps to ensure that monitoring mechanisms are adequate for detecting cases involving the sale and trafficking of children. It also requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, particularly by reinforcing the capacities of the authorities responsible for the enforcement of section 342-1 of the new Penal Code and Act No. 2011/024, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, it requests the Government to provide information on the measures adopted in this respect and on the results achieved, disaggregated, where possible, by age and gender of the victims.

Article 3(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 the Government’s indication that the Bill on the Child Protection Code and the Bill on the Family Code had been incorporated into the Bill issuing the revised Civil Code (which is being finalized), and that this was to cover issues relating to the use and procuring of children for the production of pornography, for pornographic performances, as well as for illicit activities, particularly the production of drugs. The Committee also noted that the Conference Committee had urged the Government to adopt and implement the Child Protection Code, which had been pending for almost ten years, in order to prohibit the use, procuring or offering of children for the abovementioned purposes.

The Committee notes with concern the Government’s indication that the Civil Code is still being revised. It also notes the Government’s indication that the Penal Code establishes penalties for all illicit activities. In this regard, the Committee observes that Cameroon has adopted a new Penal Code through Act No. 2016/007, sections 344 and 346 of which prohibit the corruption of young people and indecent behaviour in the presence of a minor. However, the Committee observes that neither these provisions nor the provisions penalizing illicit activities adequately prohibit the use, procuring or offering of a child for the production of pornography, for pornographic performances, or for illicit activities. The Committee notes the Government’s statement that the outcome of the request for technical assistance will enable the necessary competencies to be acquired to address this issue. Noting that it has been raising this issue for over ten years, the Committee urges the Government once again to take the necessary measures as soon as possible to ensure that the national legislation prohibits the use, procuring or offering of a child under 18 years of age for the production of pornography, for pornographic performances or for illicit activities, through the adoption either of the Child Protection Code or of any other legislative text that incorporates the relevant provisions. Moreover, sufficiently dissuasive penalties for the offences in question must also be adopted as a matter of urgency.

Article 4(3). Periodic review and revision of the list of hazardous types of work. In its previous comments, the Committee noted the observations of the ITUC to the effect that some 164,000 children between 14 and 17 years of age were involved in hazardous work in Cameroon. The Committee noted that Order No. 17 of 27 May 1969 concerning child labour (Order No. 17) – adopted more than 48 years ago – does not prohibit work under water or work at dangerous heights, as in the case of children employed in fishing or banana harvesting. In this regard, the Committee noted that the Conference Committee had urged the Government to urgently revise, in consultation with the social partners, the list of hazardous types of work established by Order No. 17 in order to prevent the engagement of children under 18 years of age in hazardous activities, including underwater work and work at dangerous heights.

The Committee notes the Government’s indication that the revision of the list of hazardous types of work is due to take place in 2018 and will be undertaken in conjunction with the social partners. The Government indicates that the ILO Office in Yaoundé has recruited a consultant who has initiated the process of revision of this list. The Committee urges the Government to take the necessary steps to ensure the adoption as soon as possible of the revised list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners. It requests the Government to provide information on any progress made in this respect.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), there were approximately 310,000 children who were HIV/AIDS orphans in Cameroon in 2014. The Committee noted the Government’s indications that this problem was the subject of in-depth discussion within the National Committee for Combating Child Labour, the body established in 2014 for the implementation of the National Plan of Action for the elimination of the worst forms of child labour (PANETEC) 2014–16. The Government indicated that actions are planned in the context of the PANETEC relating to the ongoing establishment of structures to care for HIV/AIDS orphans, including initiatives implemented by the Ministry of Public Health and the Ministry of Social Affairs. However, the Committee noted that even though the PANETEC had been technically approved, it had not yet been officially adopted.

The Committee notes with deep concern that not only has the PANETEC not yet been adopted, but that, according to UNAIDS estimates for 2016, the number of HIV/AIDS orphans has reached 340,000. Recalling that HIV/AIDS orphans are at particular risk of becoming engaged in the worst forms of child labour, the Committee urges the Government to take immediate and effective measures to protect them from these worst forms of labour. It requests the Government once again to send information on the measures taken in this respect and the results achieved, and also on the number of HIV/AIDS orphans who have been admitted to care structures set up for their benefit.

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