VZCZCXYZ0000
RR RUEHWEB

DE RUEHLC #0053/01 0360619
ZNR UUUUU ZZH
R 050619Z FEB 10
FM AMEMBASSY LIBREVILLE
TO RUEHC/SECSTATE WASHDC 1667
INFO RUEAWJC/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAUSA/DEPT OF HHS WASHDC

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