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UNITED NATIONS |
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CRC |
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/41/Add.10 13 July 2001
ENGLISH Original: FRENCH
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COMMITTEE ON the RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1996
Addendum
Gabon
[21 June 2000]
GE.01-43411 (E) 170901 230901
CONTENTS
Paragraphs Page
Introduction ................................................................................................ 1 - 6 5
PART ONE: THE NATIONAL CONTEXT ............................................ 7 - 55 6
I. Land and people ............................................................................ 7 - 24 6
A. Land ....................................................................................... 7 - 11 6
B. People ..................................................................................... 12 - 24 7
II. POLITICAL, ADMINISTRATIVE AND
SOCIO-ECONOMIC FRAMEWORK ........................................ 25 - 38 9
A. Political context ....................................................................... 25 9
B. Administrative organization ....................................................... 26 - 28 10
C. Socio-economic indicators ....................................................... 29 - 38 10
III. GENERAL LEGAL FRAMEWORK ............................................ 39 - 55 12
A. General legal context ................................................................ 40 - 54 12
B. International human rights instruments ....................................... 55 15
PART TWO: IMPLEMENTATION OF THE CONVENTION ON
THE RIGHTS OF THE CHILD .......................................... 56 - 286 16
I. GENERAL MEASURES ............................................................... 56 - 65 16
A. Existing measures to implement the Convention ......................... 58 - 59 16
B. Measures and mechanisms established to implement the
Convention .............................................................................. 60 - 65 17
II. DEFINITION OF THE CHILD .................................................... 66 - 83 18
A. Civil matters ............................................................................ 70 - 74 18
B. Criminal matters ....................................................................... 75 - 79 19
C. Employment and labour matters ............................................... 80 19
CONTENTS (continued)
Paragraphs Page
D. Non-military national service, enlistment in the army
and participation in armed hostilities .......................................... 81 19
E. Educational matters .................................................................. 82 - 83 20
III. GENERAL PRINCIPLES ............................................................. 84 - 111 20
A. Non-discrimination .................................................................. 86 - 91 20
B. Best interests of the child .......................................................... 92 - 96 21
C. Life, survival and development ................................................. 97 - 106 22
D. Respect for the views of the child ............................................. 107 - 111 24
IV. CIVIL RIGHTS AND FREEDOMS .............................................. 112 - 159 24
A. The child’s identity ................................................................... 113 - 140 25
B. Freedom of expression ............................................................ 141 - 143 29
C. Freedom of thought, conscience and religion ............................. 144 - 145 30
D. Freedom of association ............................................................ 146 - 148 30
E. Protection of privacy ................................................................ 149 - 152 31
F. Right of access to information ................................................... 153 - 155 31
G. Right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment .......................... 156 - 159 33
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE ......... 160 - 191 33
A. Parental guidance ..................................................................... 170 - 172 34
B. Parental responsibility .............................................................. 173 - 178 35
C. Children deprived of a family environment ................................ 179 - 184 36
D. Family reunification and displaced children ................................ 185 - 187 37
E. Standard of living ..................................................................... 188 - 191 37
CONTENTS (continued)
Paragraphs Page
VI. HEALTH AND WELL‑BEING OF THE CHILD ......................... 192 - 206 38
VII. EDUCATION, LEISURE, RECREATION AND
CULTURAL ACTIVITIES ............................................................ 207 - 228 41
A. Education ................................................................................ 207 - 221 41
B. Leisure, recreation and cultural activities ................................... 222 - 228 44
VIII. SPECIAL PROTECTION MEASURES ....................................... 229 - 279 45
A. Children in situations of emergency ........................................... 230 - 240 45
B. Children in conflict with the law ................................................ 241 - 246 47
C. Children in situations of exploitation .......................................... 247 - 276 48
D. Children belonging to a minority or an indigenous
group ...................................................................................... 277 - 279 53
IX. OBSERVANCE OF ESTABLISHED NORMS ............................ 280 - 281 53
X. IMPLEMENTATION AND ENTRY INTO FORCE OF
THE CONVENTION ................................................................... 282 - 286 54
Introduction
1. One of the main characteristics of the population of Gabon is that it is young. According to demographic statistics, 45 per cent of the population are under 15 years of age and 47.6 per cent under 18, the age limit considered by the Convention on the Rights of the Child in its definition of a child. This gives rise to many problems, especially since the population is mostly urban (70 per cent) and since deviance and juvenile delinquency are above all urban phenomena from which Gabon cannot escape.
2. In order to afford better protection for its young people, whose importance for the future of Gabon everyone fully understands, the Government ratified the Convention on the Rights of the Child on 9 February 1994. By the same occasion it undertook to send regular reports to the Committee on the Rights of the Child regarding the implementation of the Convention, showing the results achieved and the obstacles encountered in that respect.
3. The submission of this initial report, which was due two years after the entry into force of the Convention in Gabon, i.e. 1996, has been somewhat delayed, due to the lack of facilities available for implementing the Convention.
4. The Government of Gabon, through its Ministry of Human Rights, is grateful to the United Nations Children’s Fund (UNICEF) for its help in drafting this report. In view of the special circumstances in which it was prepared (insufficient dissemination of the Convention, lack of reliable national data), this initial report is chiefly intended to serve as a reference document for the preparation of the periodic reports that the Government will subsequently be submitting to the Committee on the Rights of the Child.
5. The references used of the initial report are:
- The Convention on the Rights of the Child;
- The comparative study of national laws, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which was carried out in 1998 by Ms. Honorine Nstame Allogo, spouse of Znet Biteghet, magistrate and UNICEF consultant in Libreville.
6. This report was drafted by public administration officials and members of associations and non-governmental organizations dealing with the problems of children, with the assistance of a UNICEF consultant. It includes an introduction, a description of the national context and an analysis of the Convention on the Rights of the Child.
PART ONE: THE NATIONAL CONTEXT
I. Land and people
A. Land
7. Gabon covers an area of 268,000 km2. It has a population of a little over 1 million inhabitants, which is growing at the rate of 2.5 per cent a year. Three quarters of Gabon’s territory is covered in tropical forest, a large part of which is uninhabited. The forest area, two thirds of which is virgin, i.e. relatively intact, is home to over 8,000 plants and 600 species of birds, as well as one of the largest elephant populations in Africa.
Table 1: Geography
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Area |
268 000 km2 |
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Coastline |
800 km |
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Forested area (per cent) |
85 |
8. Gabon also has abundant natural resources, such as oil, timber, manganese and uranium.
9. Gabon’s per capita gross national product (GNP) is one of the highest in sub-Saharan Africa (US$ 7,550 in 1999). Its social indicators, however, are comparable to or even below those of some of the poorest African countries. The Human Development Report 1999 of the United Nations Development Programme (UNDP) shows a gap of 71 places between Gabon’s ranking according to the human development index (HDI), where it comes 124th out of 174 countries, and its ranking according to per capita GDP, which places it 53rd out of 174 countries worldwide.
10. Gabon is a very urbanized country. One of the direct consequences of its rapid urbanization has been the degradation of the environment, leading to a deterioration in conditions of hygiene and health standards. Apart from the three main economic centres (Libreville, Port-Gentil and Franceville-Moanda), the other urban centres in many cases are more like large villages, characterized by a lack of infrastructures (water, electricity and access roads), inefficient health and social services and an agriculture-based lifestyle.
11. In contrast, the countryside is “empty”. Settlements are few and far between (in almost half the country population density is only 1.4 inhabitants per km2). Moreover, the rural population is actually decreasing and ageing noticeably, with a majority of women (52 per cent), particularly in the 20/25 age group (58 per cent).
B. People
Table 2: Population
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Indicators |
1960 |
1993 |
1994 |
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Total population (thousands) |
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1 014 |
1 014.9 |
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Women |
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51.3 % |
51% |
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Men |
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50.1% |
49% |
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Rural/urban ratio |
87/13 |
27/73 |
27/73 |
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Number of births |
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25 000 |
25 627 |
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Number of deaths before the age of 5 |
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4 000 |
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Total growth rate |
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2.5% |
- |
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Urban growth rate |
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6% |
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Synthetic fertility index |
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5.2 |
- |
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Number of households |
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195 067 |
- |
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Average size of households |
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5.30 |
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Proportion by age group |
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0-5 years |
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18% |
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6-16 years |
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27% |
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Number of women of child-bearing age (15-49 years) |
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231 272 |
237 400 |
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Gross birth rate |
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36% |
35.9% |
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Death rate |
30% |
16% |
15.7% |
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Life expectancy at birth |
41 |
52.9 |
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Sources: General Population and Habitat Census (1993) and Yearbook of Statistics (1994).
12. The population of Gabon has more than doubled in the last 30 years. According to the General Population and Habitat Census carried out in 1993, Gabon has a population of 1,014,976 inhabitants. The population increase in the period 1960-1993 was marked by rural exodus and immigration from bordering countries and from France.
13. Immigrants, attracted by a flexible labour market in Gabon and the country’s economic prosperity, now make up 15 per cent of the population. Another noteworthy fact is that the growth rate of the population, which was relatively low at the beginning of the period, rose over the last 20 years, partly thanks to a noticeable drop in the prevalence of sterility. The definitive sterility index for women aged 45 to 54 fell from 32 per cent in 1960 to 17 per cent in 1993.
14. Gabon’s population is very young: 41 per cent are aged under 15. The age and sex structure of the population in the 1960, 1970 and 1993 censuses reflects two phenomena: the incidence of sterility and the impact of immigration.
15. Unusually for sub-Saharan Africa, the urban population accounts for 73 per cent of the total. Geographic distribution is uneven, however, since the main cities - Libreville, which is the administrative capital (419,596 inhabitants), and Port-Gentil, the country’s economic capital (79,225 inhabitants) - between them contain 49 per cent of the population.
16. In Libreville and in Port-Gentil, only one Gabonese head of household out of five was born in the cities, with the remainder coming from rural areas. Almost one Gabonese head of household out of five came to the capital city aged between 6 and 15 (educational migration). In Port Gentil, the proportion is one in seven. Occupational migration is greater there than in Libreville, owing to the activities of the oil industry. In both towns, internal immigration is twice as high as foreign immigration.
17. Three provinces “benefited” from this urban growth and appear as the most dynamic: Estuaire, Ogooué Maritime and Haut‑Ogooué. This rural exodus creates a real problem from the point of view of development owing to the growing shortage of rural labour. Among the other towns, Franceville, Moanda and Mounana specialize in mining activities, although agriculture is gaining ground.
18. Five provinces have more rural inhabitants than urban. They are Moyen-Ogooué (18,726 urban and 40,261 rural), Ogooué-Ivindo (17,775 urban and 31,087 rural), Ogooué-Lolo (19,379 urban and 23,536 rural) and Woleu-Ntem (35,094 urban and 62,177 rural).
19. The urban population is much younger than the rural population (47.6 per cent under the age of 18 in towns compared with 42.7 per cent in the countryside). Men are more concentrated in urban areas (99.5 per cent of men compared with 91.3 per cent of women). The same goes for foreign communities (22.8 per cent of foreigners among the 18-and-over age group live in towns, compared with 7 per cent in rural areas). Half the inhabitants of the capital are aged under 17.
20. In Gabon, the town has both an administrative and a political connotation. All departmental capitals are considered to be towns, regardless of the size of their population. Town populations vary from 100,000 to 419,500 inhabitants (the case of Libreville). According to these definitions, Gabon has 47 towns, 1 for each of the 45 departments, plus the commune of Mounana, in the Haut‑Ogooué, and Libreville, the capital.
21. Foreigners account for about 15.2 per cent of the population. They include mostly other African nationalities, who were attracted by the economic boom of the 1970s. As a result of the economic crisis of 1986, aggravated by the recent devaluation of the CFA franc, some 55,000 foreigners have been encouraged to return to their countries of origin.
1. Ethnic groups
22. Some 40 ethnic groups live in Gabon, the most important of which are the Fang, Nzebi, Kota-Kele, Mbede-Teke, Okande-Tsogho and Shirpunu.
2. Languages
23. The Gabonese Republic has adopted French as its official or administrative working language. Individual groups and sub-groups speak their own mother tongues, known as dialects. The country also tries to protect and promote national languages (by introducing them, on an experimental basis, in some secondary schools).
3. Religions
24. Catholic and Protestant missionaries and a few isolated Muslims were living in Gabon until 1960. Nowadays, the population of Gabon is mostly Christian. Catholics are in the majority, followed by Protestants. Muslims remain a tiny minority.
II. Political, administrative and socio-economic framework
A. Political context
25. Until 1990, the Gabonese political system tended to be monocephalous, with considerable power vested in the executive branch, especially after the introduction of a single‑party system in 1968. Parliament used to play an insignificant role, despite the introduction of the motion of no-confidence in 1981. The advent of democracy in Africa, however, with the holding of the National Conference in March and April 1990, brought about the following changes in the country’s political institutions:
- Replacement of the single party by a multi-party system;
- Adoption, in 1990, of a National Charter of Freedoms, for the safeguard of fundamental freedoms, including freedom of expression, freedom of association and press freedom;
- Establishment of a new semi-presidential type of regime, following the adoption of a new Constitution, on 28 May 1990, subsequently replaced by the Constitution of 26 March 1991, amended on 18 March 1994;
- Establishment of new institutions such as the National Council for Communication, Constitutional Court, Judicial Court, Court of Accounts, Administrative Court, Senate and National Council for Democracy;
- Reform of existing institutions, such as the Economic and Social Council and the National Assembly;
- Sharing of executive power between the President of the Republic, assisted by a Vice-President, and the Prime Minister, assisted by a Deputy Prime Minister;
- Improved balance between executive and legislative branches, with reciprocal judicial means of pressure and sanctions.
B. Administrative organization
26. The national territory is divided into nine provinces, 50 communes and 45 departments (headed by prefects), and further into districts, 146 cantons and 1,993 villages. The province is the largest and most important administrative sub-division. The provincial capital is known as the chief town (chef-lieu) and is headed by a governor.
27. The departmental assemblies, established in December 1980, probably offer the most active opportunities for participation in community development. They have replaced local authorities and each assembly has a council headed by an elected president. Their main role is to manage local interests. A bill is in preparation to reactivate the decentralization of powers at the local government level.
28. All chief towns of departments have been established as communes since 1996. A commune has a municipal council headed by a mayor elected from among municipal counsellors, who are themselves elected. The size of the councils varies according to the size of the commune’s population. The commune of Libreville is divided into six constituencies, each of which has an elected municipal council headed by an elected deputy mayor.
C. Socio-economic indicators
29. The Government’s economic policy aims to combine five objectives:
- Reactivation of the non-oil sector through liberalization and diversification of the economy, while establishing a climate of trust with the business sector through the substantial repayment of the internal debt;
- General control of public expenditure;
- Improved budgetary management and control mechanisms;
- Reduced personal taxation through a review of tax rates;
- Introduction of tax credits for businesses for the creation of jobs for young Gabonese.
Table 3: Economy
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Per capita GNP |
US$ 7 750 |
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Primary sector as proportion of GDP |
50% |
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Oil sector |
39% |
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Agriculture |
6% |
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Timber |
3% |
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Secondary sector as proportion of GDP |
12% |
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Tertiary sector as proportion of GDP |
27% |
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Outstanding debt as percentage of GDP |
90% |
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Debt service as percentage of the budget |
40% |
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Debt service as percentage of exports |
20% |
1. GDP trend
Table 4: GDP trend
|
|
1995 |
1996 |
1997 |
|
GDP TOTAL
GDP excluding oil products Oil sector GDP |
2 475.20
1 489.50
985.70 |
2 821.80
1 623.00
1 198.80 |
2 954.20
1 757.00
1 197.20 |
Source: DGE.
30. GDP growth in 1997 was attributed chiefly to the performance of the non-oil sector, to an 8.5 per cent rise in domestic demand and to steady sales of the main export products. However, the contribution of the oil sector stagnated in 1997 owing to a lower valuation of output following a drop in the price of oil.
31. GDP cost components should grow considerably, especially investment in the non-oil sector, which should rise by 20.1 per cent. Government expenditure on goods and services had the effect of raising total consumption, which increased by 7.7 per cent in 1997 despite the late implementation of the budget.
32. All these efforts were unfortunately checked by the serious financial crisis which affected Gabon in 1999, caused mainly by a drop in the prices of raw materials and the burden of debt servicing.
2. Salaries
33. The private sector wage bill should grow by 8 per cent owing to wage drifts, continued growth and the impact on employment of the measures agreed on at the “97 Consultation” meetings. During the first half of 1997, consumer price indexes registered constant growth. The consumer price index for high-income households (155 articles) showed low but steady growth, while the index for low-income households (125 articles) followed a see-saw pattern.
3. Structural measures
34. The Government is committed to pursuing and consolidating measures implemented in the framework of the current medium-term adjustment programme.
Improvement of the legal and institutional framework
35. In 1997, specific measures were taken, of which the most important were:
- Reduction of corporation tax from 40 per cent to 35 per cent for tax years starting 1 January 1997;
- Fixed registration fees for deeds and transfers;
- Discontinuation since 1 July 1997 of the lump-sum payment by employers and of the vocational training tax provided for under the General Code for Direct and Indirect Taxes;
- Repeal of Decree No. 28/87 of 2 October 1987, requiring payment for the processing of customs clearance documents by computer.
36. In 1998, efforts to manage the economy continued in the following areas:
- Relations between the State and corporations. In this respect, the Government should change its attitude to ensure that these relations, which are often seen as antagonistic, become complementary and cooperative;
- Economic management. The Government, with the help of the Bretton Woods institutions, has been trying, since the implementation of the structural adjustment programme, to improve the country’s macroeconomic situation and to maintain sustainable balances;
37. In its pursuit of an economic and social development strategy based on the expansion of the private sector, the Government implemented its Investment Charter in 1998.
38. The Charter will aim to:
- Promote and process investments, regardless of origin;
- Reduce administrative formalities needed to set up companies by introducing a single window and an investment promotion agency;
- Adapt the Labour Code to the present situation;
- Bring educational and vocational training into line with the needs of the labour market;
- Adapt the resources of the financial sector to investor requirements.
III. General legal framework
39. The Constitution provides for the separation of executive, legislative and judicial powers.
A. General legal context
1. The Constitution
40. The preamble to the Constitution affirms the Gabonese people’s commitment to basic human rights and fundamental freedoms, as embodied in the 1948 Universal Declaration of Human Rights, the 1981 African Charter on Human and People’s Rights and the 1990 National Charter of Freedoms.
41. The judiciary is the guardian of individual and collective freedoms insofar as it constitutes the citizen’s last defence against arbitrary authority and injustice. In exercising their functions, judges are subject only to the authority of the law.
2. The judiciary
42. According to article 67 of the Constitution (Act No. 1/94 of 18 March 1994), justice is dispensed in the name of the Gabonese people by the Constitutional Court, the Judicial Court, the Administrative Court, the Court of Accounts, the Courts of Appeal, the Tribunals and the High Court of Justice.
43. According to article 69 of the Constitution, the President of the Republic is the guarantor of the independence of the judiciary in conformity with the provisions of the Constitution, especially article 36. He is assisted by the High Council of the Magistrature and the Presidents of the Judicial Court, Administrative Court and Court of Accounts.
3. The Judicial Court
44. According to article 73 of the Constitution, the Judicial Court is the highest court in civil, commercial, social and criminal matters. It is divided into civil, commercial, social and criminal chambers.
45. Each chamber deliberates separately in accordance with its area of competence. All the chambers of the Judicial Court can sit together in certain circumstances laid down by law. Judgements have the force of absolute res judicata.
4. The Administrative Court
46. According to article 74 of the Constitution, the Administrative Court is the highest State Court in all administrative matters. In addition to litigation, it exercises consultative and administrative functions.
5. The Court of Accounts
47. According to article 76 of the Constitution, the Court of Accounts is in charge of supervising public finances. Its duties are as follows:
- It supervises the implementation of Finance Acts and reports to Parliament and the Government;
- It verifies that the revenues and expenditures described in the public accounts are in order and, on the basis of the latter, monitors the proper use of credits, funds and assets managed by State services or public-law corporations;
- It audits the accounts of and rules governing public enterprises and publicly funded bodies;
- It judges the accounts of public accountants;
- It declares and audits unauthorized accounts;
- It penalizes errors of management committed to the detriment of the State by local authorities and any bodies under its supervision.
6. The Constitutional Court
48. According to articles 83-87 of the Constitution, the Constitutional Court is the highest State Court in constitutional matters. It judges the constitutionality of laws and guarantees the fundamental rights of the human person and civil liberties. It is responsible for regulating the activities of institutions and public authorities.
49. The Constitutional Court holds mandatory power to rule on:
- The constitutionality of organic laws, acts prior to promulgation and regulations which might infringe the fundamental rights of the human person and civil liberties;
- The rules of procedure of the National Assembly, Senate, National Communication Council and Economic and Social Council prior to implementation with regard to conformity with the Constitution;
- Conflicts of powers between State institutions;
- The legality of presidential and parliamentary elections, as well as referendums, of which it announces the results.
50. The Constitutional Court deals with all disputes concerning the validity of elections, at the request of any elector, candidate, political party or government representative under the terms of the organic law. Organic laws must be submitted by the Prime Minister to the Constitutional Court prior to promulgation. Other categories of laws and regulations may be referred to the Constitutional Court, by either the President of the Republic, the Prime Minister, the presidents of the Chambers of Parliament or by one tenth of the members of each Chamber, or by the presidents of the Judicial Court, the Administrative Court or the Court of Accounts or by any citizen or corporation affected by the contested legislation.
51. The Constitutional Court issues its rulings, according to the rules of adversarial procedure laid down in the organic law, within one month. However, at the request of the Government or in case of emergency, this period may be shortened to eight days. Any appeal suspends the dates of promulgation of laws and the application of regulations.
52. Any provision which is declared unconstitutional cannot be promulgated or applied. Any defendant may, in proceedings before an ordinary court, challenge the constitutionality of any law or regulation that disregards his fundamental rights. The judge on the bench will then raise an interlocutory plea before the Constitutional Court.
53. The Constitutional Court must issue a ruling within one month. If the law which has been challenged is declared unconstitutional, the law ceases to be effective from the time of the judgement. During its next session, the Parliament under a remittal procedure examines the consequences arising from the Court’s ruling of unconstitutionality.
54. The international commitments mentioned in articles 113 to 115 of the Constitution must be referred, prior to ratification, to the Constitutional Court, either by the President of the Republic or by the Prime Minister, or by the President of the National Assembly, or by one tenth of the Deputies. The Constitutional Court ascertains, within one month, whether those commitments contain any provision which is contrary to the Constitution. At the request of the Government, however, or in the event of an emergency, this period may be shortened to eight days. If the finding is in the affirmative, the commitments cannot be ratified.
B. International human rights instruments
55. According to article 47 of the Constitution, the provisions of human rights instruments may be cited before judicial and administrative authorities so long as they have been ratified, even if they have not yet been incorporated in domestic law.
Part Two: Implementation of the Convention on the
Rights of the Child
I. General measures
56. Under article 4 of the Convention on the Rights of the Child, once a State party has ratified the Convention it must do its utmost to ensure observance of the rights defined in this international instrument. It may not shirk its responsibilities on the grounds of economic difficulties but must undertake the necessary measures to the maximum extent of its available resources and, where needed, within the framework of international cooperation.
57. When Gabon ratified the Convention it had already taken a number of measures and actions conducive to the implementation of the Convention. These measures are listed below, together with those established to give effect to the provisions of the Convention.
A. Existing measures to implement the Convention
1. Official measures
58. Details can be found in the paragraphs dealing with the country’s legal and administrative framework.
2. Private-sector measures
59. Several non-governmental organizations and associations regulated by Act No. 35/62 of 10 December 1962 are working to protect children, including:
- Association of Gabonese Women Lawyers;
- Women’s and Children’s Rights Association;
- Human Rights Association;
- “Plus” Human Rights Association;
- Self-defence;
- Gabonese Human Rights League;
- UNESCO Human Rights Club;
- SOS Mwana;
- Caritas (rainbow project);
- Association of Women Teachers of Gabon;
- Association of Parents and Friends of Maladjusted Children in Gabon;
- Association of Teenage Mothers (Responsible Motherhood);
- Association COSE-Enfants;
- Department of Communication (press, radio, television and other media).
B. Measures and mechanisms established to implement the Convention
60. Under article 177 of the Labour Code (Act No. 3/94 of 21 November 1994), children under the age of 16 may not be employed in any company, unless dispensation is granted by decree at the joint initiative of the ministries of labour, health and education after the individual circumstances have been taken into account.
61. There has been a noticeable increase in the number of children under the age of 16 working in the informal sector. Some children work for themselves and at their own speed (as car-washers or car-park attendants) but unfortunately others, including children who are the victims of trafficking (in Benin, Togo or Nigeria), are exploited by adults. The Gabonese Government has set up a committee with representatives of several ministerial departments to find ways to eradicate this terrible practice, which has no place in Gabonese culture.
62. Ordinance No. 001/95, on Gabon’s health policy, gives priority to the protection of mother and child and to hygiene and prevention.
63. In reality there is a gap between those hospitals with the latest equipment and ill‑equipped health centres. For this reason, a plan of action was produced in 1997 to review national health policy. A national committee was set up by presidential decree to combat acquired immunodeficiency syndrome (AIDS) and sexually transmitted diseases. It consists of the following bodies:
- A joint monitoring committee;
- An ethics committee;
- A national programme to combat AIDS and sexually transmitted diseases, which is run by a coordination board. There are also departmental committees to implement the programme.
64. It has been possible to invoke the provisions of the Convention before judicial and administrative bodies since 1994, when the Convention was ratified. A bill establishing a number of measures to protect the health of women and of mothers and children is before Parliament for adoption.
65. The cooperation programme set up with the United Nations specialized agencies brings together several projects that take many forms.
II. Definition of the child
66. According to article 1 of the Convention, a “child” means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.
67. However, neither the Convention nor the African Charter on the Rights and Welfare of the Child (to which Gabon is a party) indicate when childhood begins: is it at conception, or between conception and birth? Unfortunately, the Convention also takes no position on abortion.
68. Nevertheless, as far as Gabon is concerned, the protection provided by the Convention applies to the child from the moment of conception. Fortunately, the African Charter very specifically defines the age of the child as less than 18 years, without any modification to detract from the statement of principle.
69. Indeed, what would happen if legislation set this age at 10 or 12 years, or if, as we shall see in the case of Gabon, at 21 years? It is necessary to specify here the age at which certain rights or forms of protection are acquired or lost. References in Gabonese legislation to ages of “minority” and “majority” mean different ages depending on whether they come within the scope of civil law, criminal law or social law.
A. Civil matters
70. Gabonese legislation defines a child as a minor or individual of either sex who has not yet reached the age of 21 years (art. 492 of the Civil Code).
1. Marriage
71. The traditional concept of marriage differs from that of marriage under civil law. According to the traditional concept, the protection of the child within marriage meant that marriage was not a matter for the couple as such; rather, parents or family chose their children’s spouses, whatever the children’s ages. Children aged 10 could therefore be married. The girl was entrusted to the boy’s family and grew up with him.
72. Under civil law, men cannot get married until they are over 18 years old, and women must be over 15 (Civil Code, art. 203). However, the President of the Republic may grant dispensation from the age requirement if there are good grounds for doing so. The insane may marry only during a period of lucidity, with the authorization of their guardian and after a favourable recommendation from a psychiatrist or, failing that, a doctor (art. 204).
2. Family relationships
73. Minor children enjoy special protection within marriage and other kinds of family relationships.
3. Parental consent
74. Even when they meet the age requirements, young men or women who have not reached the age of 21 cannot get married without the consent of their father and mother or guardian (Civil Code, art. 205).
B. Criminal matters
75. Sentencing for offences committed by minors varies according to the child’s age.
1. When an offence is committed
76. A child under the age of 13 is not criminally liable, however serious the acts committed (Penal Code, art. 56, Code of Criminal Procedure, art. 145, prohibiting imprisonment of a child under 13).
77. A minor aged between 13 and 18 will be the subject of a detention warrant, that is, he will be placed in a special wing of a penal establishment (Penal Code, art. 60) or will be placed by the judge in the custody of a person or institution of his choice until the court takes a decision (art. 57). The minor may be assisted by a lawyer during the proceedings prior to sentencing. The provisions of Act No. 9/83 of 31 December 1983, on pre‑trial detention, are applicable to minors.
2. Sexual consent (rape)
78. The Convention recommends that States should protect children from all forms of sexual violence and exploitation, including prostitution and participation in any pornographic production (art. 34). As sexuality is still a taboo subject in Gabonese society, youngsters rarely, if ever, discuss their first sexual experiences or even their sexuality with their parents.
79. Under criminal law, “any sexual act with a minor under the age of 15 is punishable by law” (art. 256) and corruption of a minor under the age of 16 is punishable with imprisonment and a fine (art. 279).
C. Employment and labour matters
80. See article 32 of the Convention, relating to child labour (exploitation).
D. Non-military national service, enlistment in the army and participation
in armed hostilities
81. Article 38 of the Convention stipulates that States parties should take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities. When they recruit persons between the ages of 15 and 18, States parties must endeavour to give priority to the oldest. Gabonese legislation provides for enlistment in the
armed forces as from the age of 20 (Act No. 004/98 of February 1998 on the general organization of national defence and public security). Enlistment is not compulsory, as the country has never been involved in an armed conflict.
E. Educational matters
82. In accordance with article 28 of the Convention, Gabonese legislation, in Act No. 16/66 of 9 August 1966 on the general organization of education, defines the fundamental principles underlying the functioning of the educational system, including free schooling, compulsory education between the ages of 6 and 16, and equal opportunities for boys and girls.
83. However, it has to be said that although the legal framework is advantageous to children, the reality is somewhat different. In fact, schooling is not really free for all children, as the provisions of educational policy are not complied with.
III. General principles
84. The Convention is indivisible and its articles are interdependent. However, each article defining the rights of the child must take into account the Convention’s four general principles, namely:
- Non-discrimination (art. 2);
- Best interests of the child (art. 3);
- Life, survival and development (art. 6);
- Participation of the child and respect for the child’s views (art. 12).
85. These four fundamental principles underlie the philosophy on which the Convention is based. The right to life, survival and development is essential to the implementation of the other rights. The best interests of the child should also guide actions affecting the child’s future, as a child is a vulnerable being whose personality is still malleable and educable. Lastly, children’s right to express their views freely and to participate in decisions affecting them must be safeguarded, as they are not mere objects but also subjects at law who must be led gradually to assume their rights and obligations.
A. Non-discrimination
86. The right to freedom from discrimination is an overarching priority in the implementation of other rights intended to ensure equality for all in their enjoyment of the rights provided for in the Convention. According to article 2, all those rights apply to all children without exception. The State has an obligation to protect children from all forms of discrimination and to take positive steps to promote respect for their rights.
87. The term “discrimination” as used in the Convention refers to any distinction, exclusion, restriction or preference based on race, colour, sex, religion, language, political, religious or other views, national, ethnic or social origin, property, birth, physical or mental disability or any other situation which has the purpose or effect of nullifying or impairing the recognition or exercise by all, on an equal footing, of all human rights and fundamental freedoms (Implementation Handbook for the Convention on the Rights of the Child, United Nations Children’s Fund (UNICEF), Geneva, 1999).
88. The principle of non-discrimination does not conflict with differentiated (or personalized) treatment of each child. In every country in the world there are various categories of children living in unfavourable or “social-risk” situations. These children, who are also called “maladjusted” children, need special help, care or specific measures to eliminate or ease the unfavourable conditions that perpetuate discrimination. This principle therefore affects the exercise of the other rights provided for in the Convention. That is why the State party has an obligation to protect children against all forms of discrimination and to take positive steps to promote respect for their rights.
89. In the case of Gabon, article 2, paragraph 2, of the Constitution is in conformity with article 3 of the African Charter on the Rights and Welfare of the Child and with the International Covenant on Civil and Political Rights, as it provides for the equality of all citizens before the law without discrimination. For example, with regard to recognition of the child, the new Gabonese Civil Code no longer discriminates between natural children and those born of adulterous or incestuous relationships (Civil Code, art. 671). Similarly, Act No. 19/95 of 13 February 1996, on the welfare of the handicapped, contains protective measures for handicapped children and sets forth, as it does for other children, the conditions for treating them.
90. However, although Gabonese legislation is in conformity with international law on the rights of the child, in practice some forms of discrimination can be observed. This is the case, for instance, with the minimum age for marriage (15 years for girls and 18 for boys). It should also be noted that once a girl is married, she no longer enjoys the protection of the Convention. In education, moreover, although the gross school enrolment rate is very high (142 per cent at primary level), the net rate is very low (86 per cent), and this discrepancy affects girls more than boys. This is one of the reasons why women are excluded from positions of responsibility.
91. Unfavourable economic conditions and certain cultural habits continue to perpetuate some forms of discrimination, as in the case of street children and handicapped children, who still, despite the protection of the law, suffer from social discrimination and rejection.
B. Best interests of the child
92. The best interests of the child should be a paramount consideration in any decision concerning the child. The judicial and administrative authorities and everyone concerned with the protection of the child should systematically take them into account.
93. The concept of the best interests of the child comes into its own when some specific provision of the Convention cannot be applied. Thus, when there is a conflict of law (for example between written law and customary law), it is recommended that the law that safeguards the child’s best interests should be applied.
94. In domestic legislation, the Constitution is careful to class the education of children as a natural right and a duty that the parents exercise under the supervision and with the help of the State and local authorities (art. 1, para. 16). The Civil Code, in articles 273 to 275, also stipulates that the judge must take into account the interests of the child when ruling on custody of the child when parents separate or divorce.
95. With regard to the progress made in social policy, children figure prominently in the social policy and overall work of the Department of Social Affairs. This work takes the following forms:
- Social welfare, in the form of assistance to families;
- Pre-school care for young children up to the age of five;
- Contributing to children’s survival and development by introducing mothers to the basics of child care, hygiene and nutrition;
- Combating the great social evils that affect children’s lives;
- Social reintegration: temporary or permanent placement of abandoned or abused children in foster homes (see, for example, decision No. 0052/MASSNCRA/SG/DGAS/DASSASS of 5 May 1992 establishing a commission for the placement of abandoned children).
96. As for the obstacles encountered, although it is clear that the best interests of the child are strongly affirmed in all the legislation mentioned above, it has to be said that the lack of speci