GABON: EXPLOITATIVE CHILD LABOR REPORT FOR THE TRADE AND

UNCLAS LIBREVILLE 000053

SIPDIS

DEPARTMENT FOR AF/C (Korte)

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP KCRM PHUM SOCI KTIP AID GB
SUBJECT: GABON: EXPLOITATIVE CHILD LABOR REPORT FOR THE TRADE AND
DEVELOPMENT ACT (2010)

REF: 09 STATE 131997


1. Per reftel, post provides this response to questions regarding
exploitative child labor in the production of products. Post's
response to annual child labor reporting requirements follows in
septel. Forced, child, and exploitive labor in the production of
exports goods is not a significant problem in Gabon and resources to
combat exploitative child labor reflect that fact. International
and non-governmental organizations, including UNICEF and the
International Red Cross as well as government contacts in the
Ministry of Labor indicate that Gabon respects international labor
standards, especially in regards to child labor.


2. The following paragraphs answers the numbered questions in
reftel.

2a 1. The incidences of exploitative child labor in Gabon remain
low. When it does occur, the problems exist in the informal sector
and include artisanal workshops, street trade/hawking, mechanics
workshops, and in subsistence fishing.

2a 2. The Government of Gabon did not publish new child labor data
for the reporting period. In 2001 when Gabon worked with the
International Labor Office (ILO) to provide statistics and create
reports that reflect the labor situation in Gabon, including issues
of child labor.

2b 1. There are no new laws or regulations in the last year
pertaining to child labor.

2b 2. Gabon's legal framework for supporting ILO Convention 138 and
relevant experts form ILO Recommendation 190 is adequate. The
Government has been proactive in revising its legal framework to
stay within international norms. The regulatory bodies need
improvement to support the Conventions noted above. Improved
funding is the major obstacle to better regulation.

The Gabonese constitution and labor codes protect against child
exploitation. Criminals can be charges with violating child labor
and truancy laws. Chapter 4, Article 177 of the Gabonese labor code
(law 3/94) states that children cannot be employed under the age of
16, without special decree from the government. Law 9/66 of the
Gabonese constitution states that all children in Gabon must attend
school from ages six to 16.

Gabon's law against child trafficking imposes criminal penalties for
those in violation and specifically prescribes penalties for
trafficking for labor exploitation. The law treats traffickers and
those who knowingly employ trafficking victims the same.
The trafficking law (09/04) does not protect victims over the age of

18. However, Article 4, Title 1 of Law number 3/94 criminalizes all
forms of forced labor. The law prescribes penalties of one to six
months imprisonment with a possible fine of $700 to $1400. All
child labor violators (like child traffickers) can face charges of
conspiracy under the immigration act, which carries a sentence of
jail from six months to two years.

2c 1. The Interministerial Committee for the Fight Against Child
Exploitation is the primary agency/body charged with combating
exploitative child labor in Gabon. The Committee consists of the
Ministry of Justice, the Ministry of Human Rights, the Ministry of
Health and Social Affairs, and the Ministry of Labor.

2c 2. The Interministerial Committee was specifically created to
facilitate communication between ministries involved in the fight
against child exploitation.

2c 3. The Government maintains a publically advertised phone number
for the public to report incidences, complaints, or request an
investigation of possible abuses against children, including
exploitative labor. The Ministry of Labor is the primary contact
that maintains the phone number and adjudicates cases.
Additionally, the Ministry of Social Affairs operates a
"surveillance cell" through a number of offices throughout the
country that receive complaints.

2c 4. The Government allocated approximately $36,000 in 2009 to the
Interministerial Committee to help fund investigations and
coordinate action in the fight against child exploitation. The
Government plans to spend approximately $20,000 for 2010. Even at
2009 funding levels, the funding was insufficient to allow
investigators to travel throughout the country and investigate all
of the reported cases. Most of Gabon is densely forested, road
structure inadequate, and air travel does not reach the entire
country.

2c 5. Overall, the Government employs approximately 2,000 people
through the Interministerial Committee to fight against child

exploitation. The number of employees/investigators is sufficient,
but they require additional resources.

2c 6. The Government does not keep records on the number of
investigations that were made into child labor. International and
non-governmental organizations, such as UNICEF, did carry out their
own investigations, but similarly do not have useable statistics.

2c 7. Contacts in the Ministry of Labor estimate that approximately
500 children were removed from exploitative environments during the
last four years; however, this is not an official statistic. The
Ministry of Justice reports that they made arrests of individuals
involved in exploitative child labor, but no verifiable statistics
or information on follow up) are available.

2c 8. The Ministry of Justice estimates that it prosecuted ten
individuals in 2009.

2c 9. There is no data nor are there statistics on the number of
child labor cases closed.

2c 10. There is no data nor are there statistics on the number of
child labor convictions.

2c 11. It can take up to two years for a child labor case to be
identified and successfully concluded with a conviction.

2c 12. In cases that were identified and prosecuted, penalties were
applied appropriately and in concordance with the law. No clemency
appeals are heard in regard to these cases.

2c 13. While facing moderate challenge, the efforts by the Gabonese
Government reflect a commitment to combat exploitative child labor.
While Gabon faces other, more pressing, social challenges, its
commitment to combat child labor is reflected by its willingness to
fund and staff the Interministerial Committee as well as prosecute
those offenders it finds.

2c 14. Seminars sponsored by various ministries on the
Interministerial Committee are conducted multiple times per year.
Topics for these seminars include communication with children,
identification of cases, and appropriate enacting of the law.

2d 1. Gabon does not have any dedicated investigators tasked with
solely combating child trafficking/illicit activities. However, the
"Morality Brigade" (vice squad) of the police and gendarmes are
routinely tasked with investigating human rights crimes, including
child labor abuses. Additionally, members of the Interministerial
Committee will also perform investigations in conjunction with the
"Morality Brigade."

2d 2. Funding for agencies and groups who investigate exploitative
child labor cases is not completely adequate. Funding for the
Interministerial Committee is addressed in answer 2c 4. Funding
reports are not available for the "Morality Brigade."

2d 3. The Government does maintain a hotline. Statistics for the
total number of legitimate cases are unavailable.

2d 4. Statistics for the total number of legitimate cases in regard
to child trafficking/illicit activities opened in the reporting
period are unavailable. However, a 2001 study by the ILO says that
in that year there were an estimated 20,000 children between the
ages of 10 and 14 are economically active. Of that estimated
20,000, UNICEF reports an informal number of 300 children in
Libreville are in worst cases of child labor situations, with
another 300 found in the rest of the country.

2d 5. Statistics for the total number of children rescued regarding
child trafficking/illicit activities are unavailable.

2d 6. Statistics for the total number of arrests regarding child
trafficking/illicit activities are unavailable.

2d 7. Statistics for the total number of cases closed regarding
child trafficking/illicit activities are unavailable.

2d 8. Statistics for the total number of convictions regarding child
trafficking/illicit activities are unavailable.

2d 9. When convicted, the punishments and sentences imposed against
child labor abusers/child trafficking/illicit activities met the
standards of the Gabonese legal framework.

2d 10. When convicted, the punishments and sentences imposed against
child labor abusers/child trafficking/illicit activities were
regularly enforced.

2d 11. It normally takes less than two years for a child
trafficking/illicit use of a child case to be identified and
successfully concluded with a conviction.

2d 12. The government, in cooperation with the U.S. Embassy and the
Department of Justice, offered trafficking in persons workshops in
2009 for 30 "first responders" and police/gendarmes with
responsibility to investigate child trafficking/illicit activities.
More workshops to create a cadre of anti-trafficking specialists and
trainers are planned for 2010. Police, gendarmes, and ministerial
cooperation with these workshops were enthusiastic.

UNICEF routinely offers sensitization and procedural training for
first responders that deal with children, including classes offered
in the reporting period.

2d 13. Child soldiers do not exist in Gabon, a country that escaped
civil war and insurgency.

2e 1. The Government did have a policy and plan that addresses
exploitative child labor. The plan is formulated and executed
through the Interministerial Committee, in partnership with regional
partners such as Economic Community of Central African States
(CEEAC) and Economic Community of West African States (ECOWAS),and
focuses on the identification of child labor abusers and their
successful prosecution.

2e 2. Gabon did not include the issue of child labor in any other
social programs in 2009.

2e 3. Government policies on child labor are executed by the
Interministerial Committee. The Committee's budget is discussed in
2c number 4.

2e 4. The government provides employees and specialists as well as
workplaces for the Interministerial Committee. Non-monetary support
is limited.

2e 5. The government claims that due to its efforts to combat
abusive child labor over the past five years that incidents of
exploitative street hawking/vending are now extremely rare. This is
due to increased policing, primarily in urban centers of Gabon.
Gabon's efforts to combat trafficking in persons and a willingness
to prosecute offenders has also helped reduce the number of child
labor incidents. Independent NGOs confirm that incidents of
children being used for street vending have decreased.

2e 6. The Government did not participate in any task forces during
the reporting period.

2e 7. In 2003, Gabon signed and ratified the ILO C182 Worst Forms of
Child Labor Convention on March 28, 2001. Gabon plans to finalize
their ratification of the Palermo Convention in 2010.

2f 1. The Government did not implement any new programs specifically
to address the worst forms of child labor because it has not been a
priority due the likely small number of worst-form cases (less than
1,000 throughout Gabon).

2f 2. The Government did not incorporate child labor as an issue to
be addressed in poverty reduction, development or educational social
programs. During the political uncertainty of 2009 following the
death of former President Omar Bongo, the government did not make
substantive efforts at any forms of poverty reduction, including
child labor issues. In terms of education, the Government's efforts
focused on ending a months-long teacher's strike and did not involve
efforts at educational reform. Gabon expects to address education
reform and anti-poverty efforts in 2010 under the new
administration.

2f 3. The Government did not fund any programs specifically to
address exploitative child labor during the reporting period.

2f 4. The Government did not provide non-monetary support for any
programs specifically to address exploitative child labor during the
reporting period.

2f 5. There is no additional information on the type of programs
referenced.

2f 6. Gabon has signed ILO Convention 182 (ratified in 2001),
Convention 29 (ratified in 1960) and Convention 105 (ratified in
1961). It has also signed the CEEAC Resolution on the Fight Against
trafficking in Persons (ratified in 2006). Gabon expects to ratify
the Palermo Agreement in 2010.

2g 1. Gabon does not have a significant child labor problem. The
Government of Gabon continues to make progress to combat

exploitative child labor despite a number of resource challenges.
Additionally, an unprecedented period of political uncertainty
characterized most of 2009 with the illness and eventual death of
former President Omar Bongo. This period made it difficult for the
government to focus on any issues outside of ensuring a smooth
transition of power. Despite financial limitations and political
focus elsewhere, efforts by the police and gendarmerie to combat
trafficking in persons improved in 2009 with the interdiction of a
number of boats and the successful repatriation of trafficking
victims (both children and adults),which as a consequence, helped
combat child labor. While child labor is not a significant problem
in Gabon, there are resource shortfalls, especially in rural areas,
that need to be addressed in order to eliminate the problem.
FITZGIBBON