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Recommendations

Key recommendations to the Government of Guinea

  • Set up a child protection system within the Ministry of Social Affairs that allows for systematic monitoring of children without parental care, in particular girl domestic workers and children living in the homes of legal and informal guardians. This should be established in close collaboration with international agencies and national NGOs, who are vital to implementing such a system.
  • Carry out a mass public campaign and sensitization activities about the rights of child domestic workers, including the right to education, health care and labor rights, and make clear that violence against children, exploitation and trafficking are all illegal, prosecutable offences.
  • In devising programs to improve access to education for girls, take specific measures for girl domestic workers. This should include dialogue with guardians and the creation of more schools that offer primary education beyond the enrollment age and provide a bridge to regular secondary school, the so-called Nafa schools, in Conakry and other urban centers
  • Investigate and punish, in accordance with international standards of due process, those responsible for child trafficking, physical and sexual violence against children, and labor exploitation.
  • Amend article 5 of the Labor Code and Decree 2791 on Child Labor so that the minimum age for work is set at 15.

Detailed recommendations

To the Ministry of Social Affairs, Women’s Condition and Childhood

Child protection

  • In conjunction with international agencies and national NGOs, set up a system for systematic child protection which is charged with:
    • systematic monitoring of the well-being of children without parental care;
    • dialogue with de facto guardians about their responsibilities for children in their care, and as employers, information on relevant laws on child protection and child labor, and the rights of child domestic workers;
    • dialogue with de facto guardians to ensure girls are enrolled in school or allowed access to an apprenticeship, with the aim of preparing them for economic self-sufficiency in adulthood;
    • intervention including removal of girl domestic workers from abusive environments and reunification with their families, if this is in the best interest of the child;
    • if family reunification is not feasible or desirable, placing former child domestic workers in shelters or with foster families;
    • continued monitoring of foster families and staff in shelters based on clear standards for the treatment of children, with immediate sanctions and removal of children in case of abuse;
    • repatriation of children if this is in the best interest of the child;
    • medical and psychological assistance for victims;
    • rehabilitation of victims, including access to education or training, micro-credit schemes or other programs designed to assist social reintegration;
    • legal assistance for child victims of abuse, to enable them and their families or legal representatives to bring court cases;
    • referral of cases to relevant specialist institutions.

These child protection services should proactively reach out to families that host girl domestic workers. They should also be easily reachable by text messaging and a hotline.

  • Take measures to implement the recommendations of the 2006 UN Secretary-General’s Study on Violence Against Children on the national level, with special attention to those recommendations related to violence against children in the work place and in the home.

Trafficking

  • Implement the 2005 Mali-Guinea Anti-Trafficking Accord, in particular, provisions regarding the identification of trafficking cases; the prosecution of traffickers; and voluntary repatriation and rehabilitation of trafficking victims.
  • Ensure that anti-trafficking measures differentiate between trafficking and legitimate migration and do not restrict rights to freedom of movement.
  • Ensure that child protection committees, which are being set up by the government with UNICEF support, have a broad child protection mandate and understand the difference between stopping trafficking and ensuring safe migration.
  • Take measures to make migration safe within Guinea and in the region through dialogue with and regulation of intermediaries and transport agents that assist travel.

To the Ministry of National Education and Scientific Research

  • In devising programs to improve access to education for girls, take specific measures to improve primary and secondary school enrollment in quality schools for girl domestic workers, including non-Guinean nationals. In particular, start a program of sensitization and dialogue with host families of child domestic workers to encourage school attendance. If necessary, start with pilot schemes in some areas. Increase the number of non-formal Nafa schools in Conakry and other urban centers. Use stipends and other incentives, such as free school meal programs, to encourage school attendance of girls, including child domestic workers.
  • Design a program to monitor school attendance of girls, in particular girl domestic workers, and encourage drop-outs to re-enroll.
  • Take specific measures to ensure that girl domestic workers can access vocational training and apprenticeships with a wide range of professional options.
  • Carry out market and employment analysis in order to ensure that vocational training programs and apprenticeships are based on local needs.

To the Ministry of Labor, Public Service and Administrative Reform

  • Take steps to eliminate child domestic labor under the age of 15. Enforce existing protections against child labor, including existing protections against carrying heavy loads and other hazardous types of work.
  • Develop a list of forms of work that pose a high risk of being hazardous to children with technical support from International Labor Organization, and amend labor laws and the Decree on Child Labor accordingly.
  • Develop a time-bound action plan, in view of eliminating the worst forms of child labor by 2016, in line with the recommendations of the ILO Africa Regional Meeting in April 2007.
  • Create the position of Child Labor Inspector within the Ministry of Labor, and provide them with the means to carry out country-wide monitoring over the use of child labor, with a focus on eliminating all hazardous work for child domestic workers, including for those over the age of 15.
  • Inform girl and women domestic workers about their right to seek redress for labor exploitation at labor tribunals.

To the Ministry of Justice

  • In conjunction with other parts of the government and international police and legal experts, take steps to professionalize judicial staff, and curb corruption in the judiciary.
  • Take steps to facilitate access to the justice system for ordinary people, including girl domestic workers and former girl domestic workers. Specifically:
    • allow NGOs to intervene as parties (parties civiles) to a court case;
    • train investigators and judges in techniques to investigate trafficking, sexual, physical and other violence against children;
    • train labor tribunal officials in techniques to investigate labor exploitation of minors, in particular child domestic workers;
    • train all judicial officials to understand the specific needs of child victims, in order to avoid re-traumatization during legal proceedings;
    • ensure that court cases involving children can be heard in camera (non-public) where the best interests of the child and the interests of justice require;
    • provide victims of child abuse and their families with appropriate information about each step of their court cases, so that they have access to the process and their interests are protected. Designate case workers within the judicial system who are in regular contact with the victim and her family;
    • cooperate with national NGOs to improve access to justice.
  • Investigate and punish in accordance with international standards of due process, those responsible for child trafficking, physical and sexual violence against children, and labor exploitation. Take measures to accelerate pending cases of alleged trafficking and child abuse.
  • Disseminate public information about any successful prosecution and punishment of trafficking, labor exploitation, sexual violence and child abuse in Guinean courts.

To the Ministries of Social Affairs, Justice and Human Rights, Labor and Health

  • Jointly devise and carry out a mass public campaign and sensitization activities with specialized audiences, in particular educators, labor inspectors, police and justice officials about the rights of child domestic workers, including the right to education, health care and labor rights. Make clear that violence against children, exploitation and trafficking are all illegal, prosecutable offences.
  • Carry out sensitization activities on prohibited forms of child labor, including the worst forms of child labor. This should include information about the hazardous nature of carrying heavy water containers.
  • Develop a program to inform girl domestic workers about their sexual and reproductive rights, and about HIV/AIDS prevention, including information about the correct and consistent use of condoms.

To the National Assembly

  • Amend article 5 of the Labor Code and Decree 2791 on Child Labor so that the minimum age for work is set at 15. In particular, abolish the clauses that allow child labor for children if parents or guardians consent to it. 
  • Adopt the Child Code, which would provide comprehensive protections for children and allow NGOs to intervene as parties (partie civile) to a court case.
  • Adopt implementing legislation for the protection and enforcement of children’s rights as set out in international human rights treaties to which Guinea is a party.

To Guinean NGOs, youth associations and trade unions

  • Advocate for the rights of child domestic workers and encourage girl domestic workers to organize and develop their own associations for the purposes of mutual support and advocacy.
  • Set up programs of legal assistance to girl domestic workers, including for cases at labor tribunals.

To the Government of Mali

  • Implement the 2005 Mali-Guinea Anti-Trafficking Accord, in particular, provisions regarding the identification of trafficking cases; the prosecution of traffickers; and voluntary repatriation and rehabilitation of trafficking victims.
  • Ensure that anti-trafficking measures differentiate between trafficking and legitimate migration and do not restrict rights to freedom of movement.
  • Take measures to make migration safe within Mali and in the region, including through dialogue with and regulation of intermediaries and transport agents that assist travel.
  • Broaden the mandate of surveillance committees to address child protection issues in general, and ensure that committee members understand the difference between stopping trafficking and ensuring safe migration.

To all members states of the Economic Community of West African States (ECOWAS)

  • Implement the 2006 ECOWAS Plan of Action Against Trafficking in Persons, in particular, provisions regarding the prosecution of trafficking, and assistance for victims of trafficking.

To the United Nations Children’s Fund (UNICEF)

  • Provide technical and financial assistance to relevant Guinean government ministries and to national NGOs to carry out activities to monitor, assist and support girl domestic workers, as described above. This should include:
    • support in setting up a child protection system;
    • programs to improve access to school for girl domestic workers, including an increase of Nafa schools in Conakry and other urban centers;
    • programs to improve access to the courts and labor tribunals for women and child victims, including girl domestic workers;
    • programs to inform girl domestic workers about their sexual and reproductive rights, and about HIV/AIDS prevention, including information about the correct and consistent use of condoms.
  • Help the government identify best practices for employment and treatment of girl domestic workers above 16, in Guinea or the region.
  • Provide technical and financial assistance to the Malian and Guinean governments in implementing the 2005 Mali-Guinea Anti-Trafficking Accord.
  • Ensure that anti-trafficking measures differentiate between trafficking and legitimate migration and do not restrict rights to freedom of movement. In particular, ensure that child protection committees, which are being set up by the government with UNICEF support, have a broad child protection mandate and understand the difference between stopping trafficking and ensuring safe migration; and take measures to make migration safe within Guinea and in the region, including through dialogue with and regulation of intermediaries and transport agents that assist travel.

To the International Organization for Migration (IOM)

  • Provide technical and financial assistance to the Malian and Guinean governments in implementing the 2005 Mali-Guinea Anti-Trafficking Accord.
  • Ensure that anti-trafficking measures differentiate between trafficking and legitimate migration and do not restrict rights to freedom of movement. In particular, take measures to make migration safe within Guinea and in the region, including through dialogue and contact with intermediaries and transport agents that assist travel.

To the International Labor Organization (ILO)

  • Provide technical assistance to the National Assembly for amendments of the Labor Code and the Decree on Child Labor.
  • Provide technical and financial assistance to the Ministry of Labor, in particular in creating Child Labor Inspector positions, and in elaborating a hazardous labor list.
  • Provide technical and financial assistance for sensitization activities around the concepts of light work, child labor, and hazardous labor.
  • Provide technical and financial assistance in developing a time-bound action plan for the elimination of the worst forms of child labor by 2016, as recommended by the ILO Africa Regional Meeting in April 2007.
  • Provide legal advice to girl and women domestic workers seeking redress at labor tribunals for labor exploitation.

To the UN General Assembly

  • Recommend the establishment of the position of UN Special Representative of the Secretary-General on Violence Against Children, in order to facilitate the implementation of the recommendations of the 2006 UN Secretary-General’s Study on Violence Against Children.
  • Recommend that the implementation of the study’s recommendations be carried out with a strong gender analysis, and coordinated with activities initiated by the UN Secretary-General’s In-depth Study on All Forms of Violence Against Women.

To donor countries, such as the European Union (EU) and its member states, and the United States (US)

  • Provide technical and financial assistance to relevant Guinean government ministries and to national NGOs to carry out activities to assist and support girl domestic workers, as described above. This should include:
    • support in setting up a child protection system;
    • support for programs that aim to improve access to school for girl domestic workers.
  • Provide technical and financial assistance to the Guinean government to professionalize judicial staff, curb corruption in the judiciary, and remove obstacles to the independence of the justice system. Fund government and NGO programs to improve access to the justice system for women and child victims, including girl domestic workers, and to support services such as shelter, legal aid, and health care.


June 2007

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