Identifier
Created
Classification
Origin
10ACCRA132
2010-02-13 09:48:00
UNCLASSIFIED
Embassy Accra
Cable title:  

GHANA: INFORMATION ON CHILD LABOR AND FORCED LABOR

Tags:  PHUM ELAB EIND ETRD KTIP GH 
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RR RUEHMA RUEHPA
DE RUEHAR #0132/01 0440948
ZNR UUUUU ZZH
R 130948Z FEB 10
FM AMEMBASSY ACCRA
TO RUEHC/SECSTATE WASHDC 8883
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHC/DEPT OF LABOR WASHDC
UNCLAS SECTION 01 OF 06 ACCRA 000132 

SIPDIS

DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER
STATE FOR DRL/ILCSR (SARAH MORGAN) AND G/TIP (LUIS CDEBACA)

E.O. 12958: N/A
TAGS: PHUM ELAB EIND ETRD KTIP GH
SUBJECT: GHANA: INFORMATION ON CHILD LABOR AND FORCED LABOR

UNCLAS SECTION 01 OF 06 ACCRA 000132

SIPDIS

DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER
STATE FOR DRL/ILCSR (SARAH MORGAN) AND G/TIP (LUIS CDEBACA)

E.O. 12958: N/A
TAGS: PHUM ELAB EIND ETRD KTIP GH
SUBJECT: GHANA: INFORMATION ON CHILD LABOR AND FORCED LABOR


1. Per reftel instructions, Post submits the following information
on forced labor and exploitive child labor in the production of
goods, as well as current information on the elimination of the
worst forms of child labor (WFCL) in Ghana. POC for this report is
Raymond Stephens (StephensRW@state.gov).

--------------
Tasking 1/TVPRA
--------------

Post has no new information to report. Post is unaware of any
additional goods that need to be included on the TVPRA list.

--------------
Tasking 2/TDA
--------------

2A) Prevalence/Sectoral Distribution of Exploitive Child Labor
--------------

1. Children in Ghana are reported to be involved in exploitive labor
in the sectors of street vending, prostitution, kayayei (head
porters),trokosi (cultural practice of ritual servitude),and
street begging.


2. The GOG published the Weighted Data on Cocoa Labor Survey in
Ghana (Scale-up survey from 2007/2008).

--------------
2B) Laws and Regulations
--------------


1. There were no new laws or regulations enacted with regard to
exploitive child labor in 2009.


2. Based on the standards provided in reftel instructions, Ghana's
legal and regulatory framework is adequate for addressing exploitive
child labor. It is important to note, however, that the penalties
for violating child labor laws will deter some but not all
violations, since the underlying causes of child labor, especially
poverty, continue to exist. Moreover, the government's capacity to
enforce child labor laws is generally limited in Ghana. Because many
children work for relatives, their work is frequently not seen as
criminal but rather an attempt to contribute to family income.

--------------
2C) Section I: Hazardous Child Labor &
Section II: Forced Child Labor
--------------
Note: The answers to questions about hazardous child labor apply
equally to forced child labor.


1. Three sectors within The Ministry of Employment and Social
Welfare (MESW),formerly the Ministry of Manpower Youth and

Employment, are responsible for enforcing child labor laws: the
Labor Department; the Department of Social Welfare; and the National
Program for the Elimination of the Worst Forms of Child Labor in
Cocoa (NPECLC).
The Human Trafficking Unit of the Ministry of Women's and Children's
Affairs (MOWAC) also enforces child labor laws. The Human
Trafficking Unit of the Ghana Police Service (GPS) works closely
with other sectors of the GPS such as the Domestic Violence and
Victim Support Unit (DOVVSU). Furthermore, local labor officers and
social services subcommittees are responsible for conducting
workplace inspections and for investigating allegations of
violations in the Metropolitan, Municipal and District Assemblies.

2. A multi-sectoral National Steering Committee (NSC) on Child Labor
was founded in 2000. The Child Labor Unit serves as its secretariat
and meets three times a year to share information. The NSC is
supported by eight subcommittees that cover technical issues,
policy, education and social mobilization, education and skills
training, cocoa, mining and quarrying, fisheries, and other child
labor sectors.

Cocoa subcommittees of the NSC, chaired by the Ghana Cocoa Board
(COCOBOD),meet regularly to share information relating to hazardous
and forced child labor in the cocoa sector. The subcommittee met ten
times in 2009. Furthermore, a National Partners Forum was founded in
2007 for the effective coordination of interventions towards the
elimination of child labor. It meets three times a year. At the
District Level, Child Protection/Labor Committees have been
established in 93 cocoa producing districts under NPECLC to
coordinate and share information on child labor interventions in
their respective districts.


3. According to the MESW, the GOG did not receive any complaints of
hazardous or forced child labor violations in 2009.


4. While the government funded salaries for 85 inspectors and some
basic office functions, the GOG was unable to provide an exact

ACCRA 00000132 002 OF 006


budget. Inspectors complain that they lack sufficient office
facilities, transportation, fuel and other necessities to carry out
inspections.


5. There are currently 85 dedicated labor inspectors in Ghana. The
government had plans to recruit additional inspectors; however, no
new inspectors were hired in 2009. According to the Child Labor Unit
of MESW, District Child Protection/Labor Committees have been
established in 655 child-labor-endemic communities within 60
districts in Ghana. The purpose of these committees is to monitor,
prevent and withdraw children from the WFCL in the cocoa and other
sectors.


6. The government conducted 86 inspections. According to the MESW,
Community Child Protection Committees (CPC) performed daily
monitoring in 415 cocoa growing communities.


7. The GOG collaborated with International Labor Organization (ILO)
on a 4-year USD 4.75 million DOL-funded Project of Support to the
Ghana Timebound Program. Upon its completion in 2009, 6,094 children
had been withdrawn from WFCL, 10,017 children were prevented from
entering WFCL, and 11,079 children were enrolled in formal schools
and vocational training institutions. In addition, the MESW states
that there are currently 6,300 children being supported in public
schools to keep them from engaging in WFCL.


8. None


9. N/A


10. N/A


11. N/A


12. N/A


13. N/A


14. International Cocoa Initiative (ICI) and Future Resources
Development (FURDEV) organized training programs for police,
prosecutors, Judges of the Appeals Court and the High Court,
Magistrates of the Circuit Courts, and Judiciary staffs of some
regions. Seventy-two people were trained in 2009.

According to the MESW, 400 Labor Officers, traditional leaders, and
Social Welfare Officers received training on child labor and
existing child protection laws. The training taught the districts
and communities how to recognize and combat the WFCL in the cocoa
sector. In districts where training occurred, there was a noted
increase in school enrollments and attendance. Furthermore, due to
the increased knowledge base on child labor issues, there is more
regular community-based child surveillance as well as the
establishment of community rules to fight child trafficking.

Impact of the training includes the following:

-- Institution of district and community structures to combat the
worst forms of child labor in the cocoa sector.
--Increased school attendance and enrollment
--Continuous monitoring of children
--Increased knowledge-base on child labor issues
--Attitudinal change of community members through sensitization
--Establishment of community rules to fight child trafficking

--------------
2D) Section I: Child Trafficking
--------------


1. Several agencies are dedicated to the enforcement of trafficking.
The government has a Human Trafficking Secretariat within MOWAC,
which is responsible for coordinating human trafficking issues in
Ghana. It oversees policy formation, police review, implementation,
advocacy, monitoring and evaluation of trafficking cases. The
Secretariat also is responsible for ensuring proper data collection
and conducts research into trafficking issues and activities.

On August 25, President John Atta Mills appointed members to the
Human Trafficking Management Board (HTMB) because the previous board
was disbanded when Mills' predecessor left office. The HTMB is an
inter-sectoral board chaired by the Minister for Women and
Children's Affairs and is comprised of police, immigration
officials, health and education ministries and NGOs. In addition,
the GOG asked representatives from the International Organization
for Migration (IOM) and UNICEF to sit on the Board as official
observers. The Board advises the Minister on trafficking policy and
promotes strategies to prevent trafficking and the rehabilitation
and re-integration of trafficking victims.

The Ghana Police Service (GPS) maintains an Anti-Human Trafficking

ACCRA 00000132 003 OF 006


Unit (AHTU) in the Criminal Investigation Division (CID). In 2009
the government established regional Anti-Human Trafficking Units in
the Western, Central, and Ashanti Regions to manage cases more
effectively at the regional and district levels. In November, the
GPS opened the first anti-trafficking unit in Takoradi outside of
the capital. In December, the GPS opened the anti-trafficking unit
in Kumasi, Ghana's second largest city. The Cape Coast
anti-trafficking unit opened on January 20, 2010.

As part of the International Cocoa Initiative's (ICI)
community-based approach, Community Child Protection Committees
(CCPCs),traditional rulers, and children were educated on child
trafficking to enable them to identify trafficked children that
appeared in their communities. They report any observations to the
District Department of Social Welfare which collaborates with the
police for a thorough investigation.


2. Exact figures are not available; however, the AHTU receives
substantial funding from IOM and UNICEF. According to Police
sources, resources are not sufficient. Investigators depend on
police motor pool for transportation.


3. In 2009, the AHTU created a website, www.ahtu.org, to promote
trafficking awareness. The AHTU also maintains a hotline with three
telephone lines for reporting trafficking violations but does not
maintain records about the number of calls received.


4. AHTU opened 21 investigations into cases of potential
child-trafficking.


5. AHTU rescued 124 children, 20 of whom were returned to their home
country.


6. Ghana Police made 21 arrests.


7. The cases are on-going.


8. Six people were convicted of trafficking. Another six cases are
pending in court.


9. The minimum sentence is five years.


10. According to AHTU, actual time served ranges from 6 to 17
years.


11. According to AHTU, the average length of time taken to resolve a
trafficking case is three months.


12. INTERPOL, the ILO, IOM, and UNICEF conducted extensive training
for law enforcement personnel. In addition, district level officials
received training that resulted in the implementation of district
and community structures to combat the worst forms of child labor
and to detect incidents of child trafficking. The training also led
to the establishment of community rules to fight child labor and
child trafficking.


13. Ghana did not experience armed conflict involving the use of
child soldiers.

--------------
2D) Section II: Commercial Sexual Exploitation of Children
--------------


1. The commercial sexual exploitation of children has been
identified by the government as one of the sectors to be addressed
under the National Plan of Action (NPA) for the elimination of all
forms of child labor in Ghana. The Department of Social Welfare,
under the direction of the MESW, is responsible for eliminating the
commercial sexual exploitation of children. The Domestic Violence
Victims Support Unit (DOVVSU),a division of the GPS, is also
responsible for this sector. However, DOVVSU does not compile
statistics specifically about the commercial sexual exploitation of
children and the use of children in illicit activities. All records
are for the population at-large.

The only statistic maintained by DOVVSU that encompasses children is
defilement. In the first nine months of 2009, DOVVSU reported 858
cases of defilement.

--------------
2D) Section 3: Use of Children in Illicit Activities
--------------


1. Post has no specific information about the use of children in
illicit activities

--------------
2E) Government Policies on Child Labor
--------------

ACCRA 00000132 004 OF 006




1. Child Labor interventions were based on Part Five of the
Children's Act (Act 560, 1998). In 2009, the government developed a
National Plan of Action to Eliminate the WFCL in eight sectors
including agriculture (including cocoa),fishing, and mining by

2015.

Some components of the NPA such as the National Program for the
Elimination of the WFCL in Cocoa have been implemented. The key
components to be addressed under the NPA include the following:

--Enforcement of laws;
--Broad-based sensitisation and mobilisation to promote attitudinal
and behavioural change;
--Protection of children's rights;
--Pursuit of universal basic education and generalisation of
post-basic education;
--Withdrawal of children below 18 from the WFCL and protection of
working children aged above 15 from exploitation and hazardous
work;
--Establishment of standard procedures and protocols for dealing
with cases of child abuse and exploitation;
--Development of institutional capacities at all levels to ensure
the effective application of established procedures and protocols;
and
--Extension of social protection measures to provide safety nets for
the most vulnerable households and children.


2. Ghana incorporated child labor in the Ghana Poverty Reduction
Strategy (GPRS) I, GPRS II, and Medium Term Development planning
(MTEP). The aim of the policy is to accelerate the growth of the
economy so that Ghana can achieve middle income status with a
measurable planning period.

The issue of exploitative child labor has influenced policies such
as the Free Compulsory Universal Basic Education, School Feeding
Program, free uniforms policy, and free registration of needy
children on the National Health Insurance Scheme.


3. The Ghana Cocoa Board (COCOBOD),a government agency within the
Ministry of Finance, contributed the equivalent of USD $900,000 to
eliminate the WFCL in cocoa.


4. The GOG provided office space at the MESW for the implementation
of the NPECLC. The government also provided office space, personnel,
and office equipment at the Labor Department for the Child Labor
Unit, Employment Information Branch, and Labor Inspectorate Unit.
In addition, the government provided logistical support including
computers and accessories, pen drives, motor-bikes and bicycles, to
partner districts, NGOs, and communities. Finally, the government
provided the commitment and leadership in the development and
implementation of the plans with the support of some development
partners.


5. MESW is developing additional sector-specific programs using
NPECLC as a model. In addition, more children are in school rather
than working, and more people are aware of the dangers of child
labor resulting in community and district actions against child
labor. Finally, the sensitization policies have led to an increase
in media reports of child labor and trafficking.


6. In August, President John Atta Mills appointed members to the
Human Trafficking Management Board (HTMB) to replace the previous
board that was disbanded when Mills' predecessor left office after
the December 2008 election. It is an inter-sectoral board chaired by
the Minister for Women and Children's Affairs and comprised of
police, immigration officials, health and education ministries, and
NGOs. In addition, the government has asked representatives from IOM
and UNICEF to sit on the board as official observers. The Board
advises the Minister on trafficking policy, and promotes strategies
to prevent trafficking and the rehabilitation and re-integration of
trafficking victims.


7. The Ghanaian Parliament passed a bill to amend the definition of
trafficking included in the 2005 Human Trafficking Act. The
amendment added the phrase "for the purpose of exploitation" to
ensure that the Ghanaian definition of human trafficking is in
accord with the definition in the Protocol of the United Nations
Convention on Transnational Organized Crime.

In addition, the amendment ensures that a person such as an
employment agent who for a fee recruits others for work either
within or outside the country does not commit an offense if that
person offers incentives as an inducement for employment.
Parliament recognized that the intention of the Act is not to make
offenders out of persons doing legitimate business recruiting
persons for normal employment.

--------------

ACCRA 00000132 005 OF 006


2F) Social Programs to Eliminate or Prevent Child Labor
--------------


1. Ghana implemented the NPECLC, which aims to eliminate the worst
forms of child labor in the cocoa sector by 2011. NPECLC has the
following seven strategic objectives:

--Enhancement of the knowledge base about WFCL in cocoa
--Strengthening of the legal framework for dealing with WFCL
--Community mobilization for action against WFCL
--Development and implementation of interventions to eliminate WFCL
in cocoa
--Promotion of universal basic education and human resource
development
--Development and implementation of interventions that reduce the
need for child labor in cocoa
--Development of institutional and technical capacities to address
effectively child labor in the country.


2. Child labor is specifically referred to in the Ghana Poverty
Reduction Strategy that affects all public policy development. Child
Labor has also been included in the National Social Protection
Strategy and its flagship program the Livelihood Empowerment Against
Poverty (LEAP) program. Child Labor is both a criteria and condition
for the selection of districts and households to benefit from
programs that include an increase in Capitation Grant from GH3.00 to
GH4.50, distribution of free school uniforms, the School Feeding
Program, and detaching children's registration under the National
Health Insurance Scheme (NHIS) from their parents' registration.


3. COCOBOD contributed the equivalent of USD $900,000 to complement
funding by donor partners and industry. In addition, in some cocoa
growing districts, District Assemblies provided some funds
(internally generated as well as from the consolidated fund) to
activities to eliminate exploitative child labor.


4. The GOG provided office space at the MESW for the NPECLC program
and office equipment and accessories to districts and communities.

In addition, all seven District Assemblies in cocoa growing
districts supported interventions to eliminate exploitative child
labor. The Assemblies accepted the community action plans as part of
the district development plans. Some districts provided materials
for to construct school buildings, teachers for newly-built schools,
or other amenities determined by community members in their
community action plans.

5. The Government's activities have placed child labor on the
national agenda with child labor mainstreamed into its development
policy and programs. Society at large has been sensitized to
understand the negative consequences of child labor, and society
mobilized to take action against the problem

School enrollment has increased as a result of the social programs
to withdraw and mainstream children in school and the provision of
certain social services including the Capitation Grants, School
Feeding Program, and the distribution of free school uniforms and
books.

In particular, NPECLC is an on-going program that ended its third
phase of implementation in 2009. 2009 was an active year for
eliminating the worst forms of child labor, particularly in the
cocoa sector. As recognized best practice dictates, effectively
combating child labor takes considerable time and as programs become
more effective, better information on incidence can result in an
increase in cases being reported. The government has programs in
place, which if supported and continued, should eventually result in
a sustainable decline in overall numbers of children engaged in the
WFCL in multiple sectors. Ghana is well placed to capitalize on the
investments and progress made in 2009.

Some of the key achievements in 2009 include the following:

--Completion, submission and acceptance of weighting reporton the
Cocoa Labor Survey in Ghana. This marks the end of the full cycle of
cocoa certification.

--Remediation activities covered 36 additional Districts and415
communities. Thirteen more NGOs were recruited to implement
interventions to eliminate WFCL. In order to build their capacities
to implement interventions, Districts and NGOs received funds and
logistical support from the government, including 46 motorbikes,
1000 bicycles, computers and accessories.

--Currently about 6300 children are supported with basicschool needs
such as school uniforms, footwear, apprenticeship fees, tools and
exercise books for the 2009/2010 academic year.

--Disseminated findings of the scale-up survey in 47 cocoa
districts.

ACCRA 00000132 006 OF 006



--Developed a Communication Strategy and plan to disseminate the
Hazardous Child Labor Activity Framework (HAF) for cocoa production.


--Briefing meeting on WFCL with traditional rulers of Ashanti
Regional Houses of Chiefs

--Sensitized two strategic stakeholders - Metropolitan, Municipal
and District Chief Executives(MMDCEs) from 47 cocoa growing
districts. The MMDCEs at the end of the sensitization exercise,
having realized the adverse implications of Child Labor on the
economy of Ghana and the future of our children, issued a communiqu
to fight the WFCL, and pledged to commit part of their internally
generated funds to implement interventions to eliminate this social
menace.

--Parliamentary Select Committee on Employment, SocialWelfare and
State Enterprises. The Committee also after the sensitization
exercise pledged to join the crusade to fight WFCL, and have since
undertaken a familiarization visit of three Districts.

-- Collaborations with Key Institutions:

-- Collaboration with 47 District Assemblies in the development and
implementation of District Action Plans against Child Labor in
Cocoa

-- Collaboration with Ghana Education Service (GES) to increase
remediation activities.

--Collaboration with Cocoa Research Institute to introduce labor
saving techniques for cocoa farmers.

--Capacity building for 480 District Actors (DistriCT Assemblies,
traditional authorities, law enforcement agencies and media).
Provided 50 computers with accessories to District Assemblies and
Departments.

-- Development of a Facilitator Manual on best practicesin
remediation to improve upon coordination of various interventions at
the community level.

-- Development of Community-based Child Labor Monitoring Systems in
about 500 Cocoa growing districts.

--Development of draft Report on Rapid Assessment on Child
Trafficking in Cocoa growing districts.

-- Monitoring visits to all 47 Districts and MunicipalAssemblies.
--------------
2G) Continual Progress:
--------------

Ghana continues to make progress in combating exploitive child
labor. The eradication of child labor is now a factor in many major
government social policies. The government is striving to ensure
children are in school rather than working and has developed
strategies to make school attendance an economically viable choice
for families. The government is particularly committed to
eliminating the worst forms of child labor, especially in the cocoa
sector, having now extended the child labor monitoring system into
approximately 500 districts with plans to increase this to 1000
communities in 2010. Ghana has also increased the resources
allocated to anti-trafficking efforts. By opening regional offices
of the Anti-trafficking Unit, the police service now has a physical
presence in areas that record high incidences of trafficking.

In 2009, the number of arrests, prosecutions, and convictions
increased. During the reporting year, Ghana opened investigations in
21 child trafficking cases. According to the 2008 report, Ghana
convicted only one person for trafficking, but three people were
convicted in 2009 and six more cases are pending. The sentences
given to the traffickers ranged from 6 to 17 years, often well above
the mandatory five years. Ghana conducted 25 rescues of 124
children, including one group of 43 children. The Anti-Trafficking
Unit works closely with their counterparts in neighboring countries
and repatriated 20 children.