Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

Autre commentaire sur C182

Observation

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Article 5 of the Convention. Monitoring mechanisms. The Committee notes that, in response to its previous request regarding the measures taken by the Department of Social Welfare (DoSW), the National Child Protection Sub-Committee, the Child Protection Committees (CCPCs), the National Agency against Trafficking in Persons (NAATIP), the labour inspectorate and police units to combat the worst forms of child labour, the Government indicates that there is a concerted multi-sectoral collaboration in the fight against child labour and its worst forms. In addition, the Labour Department is now partnering with the Drug Law Enforcement Agency of Gambia, which is part of the National Steering Committee, to provide continuous sensitization to the public on the worst forms of child labour. The Committee requests the Government to provide more detailed information on the concerted measures taken by the Department of Social Welfare, the National Child Protection Sub-Committee, the CCPCs, the NAATIP, the labour inspectorate and police units to combat the worst forms of child labour, and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee welcomes the information shared by the Government, in its report, regarding the achievements registered by the Ministry of Basic and Secondary Education, as a result of the implementation of its policies aiming to promote basic education (Education Sector Policy 2016–30) and UNICEF collaboration. These achievements include the elimination of all tuition fees up to senior secondary level, the reduction of walking distances to schools, the training of more than 95 per cent of primary school teachers, and the increase of community involvement through school management committees.

The Committee notes, however, that according to the latest Multiple Indicator Cluster Survey (MICS), published in July 2019, only 58.2 per cent of children of primary school entry age are entering grade 1, and the net attendance ratios decrease significantly with age: the net attendance rate is 78.1 per cent at primary level, 44.2 per cent at the lower secondary level, and 23.2 per cent at the upper secondary level. Moreover, a 2022 UNICEF report on teacher attendance in The Gambia reveals that teacher absenteeism is a significant challenge in the country, and that while the education system had started to show improvements before the COVID-19 pandemic, the challenges this crisis has imposed on children’s learning makes teacher attendance even more relevant today. While taking due note of the measures taken by the Government, the Committee once again requests the Government to strengthen its efforts to ensure access to free basic education to all children through measures aimed at increasing the school enrolment and attendance rates and reducing the drop-out rates at the primary and lower secondary levels. In order to improve school retention rates, it also requests the Government to continue taking measures to improve the functioning of the education system, in particular by addressing teacher absenteeism. It requests the Government to continue to provide information on the measures taken or envisaged in this regard, as well as on the results achieved.

Clause (d). Identify and reach out to children at special risk. Children in street situations. The Committee notes the Government’s information, according to which several civil society organizations have supported children in street situations especially during the COVID-19 pandemic, to have access to services, information and legal protection. The Government also indicates that child protection stakeholders have carried out inspections to be able to have statistics on children in vulnerable situations, including those in street situations. According to these statistics, 242 children were found living in the streets between 2010 and 2021. The assistance extended to these children includes enrolment in educational institutions, enrolment in vocational institutions, community projects and family support. The Committee requests the Government to continue providing information on the measures taken to protect children in street situations from the worst forms of child labour, and the number these children who have benefited from these measures and rehabilitated and socially integrated.

HIV and AIDS orphans and other vulnerable children (OVCs). Regarding the Committee’s request that the Government scale up its efforts to prevent the engagement of OVCs in the worst forms of child labour, the Government refers to the Global Aids Monitoring Report 2020, according to which a more favourable policy context, provided by the transition from over two decades of dictatorship to democracy and improved governance, has created a conducive environment for the fight against HIV and AIDS. Moreover, the Government indicates that the Social Protection Policy 2015–25, which includes the implementation of measures needed to address the specific socio-economic vulnerabilities faced by children affected by HIV and AIDS, is in its mid-term review, the aim of which is to evaluate its achievements and improve on the activities going forward. The Committee notes, however, that according to UNAIDS estimates, there were 24,000 orphans due to HIV and AIDS in 2021, which is a notable increase since the Committee last took note of the estimated 19,000 orphans due to HIV and AIDS in 2018. The Committee therefore once again requests the Government to continue its efforts to protect HIV/AIDS orphans and other vulnerable children and prevent their engagement in the worst forms of child labour. It also once again requests the Government to provide information on the results achieved through the implementation of the National Social Protection Policy (2015–25) in this regard.

Child talibés. The Committee notes the information contained in the report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, of 22 January 2021 (A/HRC/46/31/Add.1, paragraphs 24 and 26), according to which an undetermined number of talibé children (boys aged 5 to 15 years) live and study in daaras (Koranic schools), sent from local communities or from other villages and neighbouring countries, most commonly from Guinea, Guinea-Bissau, Mali and Senegal. These children are used by caregivers and marabouts to beg and are extremely vulnerable to abuse and exploitation. Instances of forced begging, beatings and other forms of abuse by the marabouts have been denounced by child protection stakeholders and children living in the communities. The Committee requests the Government to provide information on the measures taken to protect child talibés from engaging in the worst forms of child labour and to provide assistance to those who have fallen victim to these worst forms, as well as on the results achieved.

Application of the Convention in practice.The Committee once again requests Government to ensure that sufficient data, disaggregated by gender and age, on the worst forms of child labour is made available and to provide copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of the worst forms of child labour, as well as the number of children covered by the measures giving effect to the Convention.