GABON: Children's Rights in the Universal Periodic Review (Second Cycle)

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations.

Gabon – 14th Session – 2012
Tuesday 23rd October 2012 - 9.00 a.m. - 12.30 p.m

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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations

(Read about the first cycle review)

National report

1. Gabon, a francophone country in Central Africa, is situated in the Gulf of Guinea and straddles the equator. It has a total surface area of 267,667 km2. It is bordered by Cameroon to the north, Equatorial Guinea to the north-west, the Republic of the Congo to the east and south and the Atlantic Ocean to the west. It has a population of approximately 1.5 million people, with a population density of 5.9 inhabitants per km2. In 2010, its gross domestic product (GDP) was $16.7 billion and GDP per capita was $11,045. It has a human development index of 0.674, while the regional average for Africa is 0.389. Its population growth rate is 1.9 per cent. Life expectancy at birth is 61.3 years, and the literacy rate for those aged 15 and over is 87 per cent.

20. The Government agreed to visits in 2012 by the Special Rapporteur on trafficking in persons, especially women and children, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur on trafficking in persons carried out her visit from 14 to 18 May 2012. Given that the fundamental rights set out in the Universal Declaration of Human Rights are clearly reflected in the preamble of the Gabonese Constitution and are one of the key features of the Head of State’s blueprint for a society based on the rule of law, invitations will be extended to other special procedures of the Human Rights Council in the future.

22. Five recommendations were made to Gabon regarding equality and non- discrimination, with a focus on legal reforms, discrimination against women and gender equality.

Recommendations and implementation

  • “To accelerate the progress of legal reforms to eliminate discriminatory provisions, especially from the civil and criminal codes; and to increase efforts to amend legislation regarding gender equality in accordance with Gabon’s international obligations, including the Convention on the Elimination of All Forms of Discrimination against Women”
  • “To consider harmonizing its civil and criminal codes with international human rights norms, particularly regarding marriage, family relations, patrimony and succession”
  • “To take the necessary measures to follow up on the recommendations of the Committee on the Elimination of Discrimination against Women, notably by enshrining gender equality in its Constitution and by criminalizing domestic violence, and to place particular attention on gender issues in the preparation of policies”
  • “To integrate, in a systematic manner, a gender perspective in the UPR follow- up process”
  • “To sensitize the police, the judiciary, the public administration and the general population to the importance of gender equality”
  • “To adopt as a matter of priority legislative and other measures to guarantee gender equality and strengthen efforts to eradicate customs and traditions that discriminate women, and [ensure] that the minimum legal age for marriage of girls is increased to 18 years”

24. In addition, the issue of gender equality is fully taken into account in the UPR follow-up process in Gabon. It is in this spirit that on 16 February 2011 the Council of Ministers adopted a bill amending and abrogating certain provisions relating to the rights of widows and orphans contained in Act No. 6/75 of 25 November 1975 of the Social Security Code. Furthermore, on 1 June 2011, the Council of Ministers examined a bill amending and abrogating certain provisions contained in Act No. 19/89 of 30 December 1989 adopting the second part of the Civil Code. This piece of legislation reaffirms the principle of equality while taking into account the interests of men, women and children. It has thus made it possible to strengthen criminal legislation on the protection of widows and orphans, as well as to enhance the powers and rights of the surviving spouse and orphans vis-à-vis family heirs and to reorganize the Family Council, which has become the “Inheritance Council”.

28. Since October 2009, the Government has been pursuing a more practical policy to fight discrimination against women and has been trying to increase public awareness of the conventions ratified by Gabon in the area of the rights of women and children. As for sensitizing the public administration to the importance of gender equality, training on the laws that prohibit and punish gender-based discrimination has gradually been introduced for the officials referred to in the recommendation. The Criminal Code and the Code of Criminal Procedure are taught at both the Legal Service Training College, on courses for police officers, and the National School of Administration, so that future officials will be better informed and more aware of these issues.

35. Only one recommendation was made to Gabon regarding the right to education. The recommendation was related to raising the school attendance rate and developing educational facilities.

Recommendations and implementation

“To raise the school attendance rate and develop facilities at the various levels of education, while favouring gender equality and access to education, with technical and financial assistance provided by the international community”

36. Article 1, paragraph 18, of the Constitution addresses the concerns expressed in this recommendation. Legal provisions guarantee this right to all children.

37. The school enrolment rate is among the highest in sub-Saharan Africa. In May 2010, the Government organized a national conference on education, training and research in order to make schools more attractive and capable of meeting the economic, social and cultural needs of Gabon. In response to the recommendations made at the conference, the President and Head of State promulgated Act No. 21/2011 of 14 February 2012, on general education, training and research policy. Pursuant to article II of this law, education is compulsory for all Gabonese children and foreign children residing in Gabon between the ages of 3 and 16.

38. The national conference led to the development of an education policy that is based on a 10-year agreement (2010–2020) and aims to:

  • Make pre-primary education widely available
  • Achieve universal quality primary education
  • Increase secondary education capacity
  • Redesign curricula to meet the needs of scientists and vocational training courses
  • Improve the quality of technical and vocational training
  • Develop and diversify higher education and high-quality research in the context of the bachelor’s/master’s/doctorate system

39. Achieving these objectives will require the recruitment of staff, the training of trainers and capacity-building in terms of infrastructure and equipment.

40. Gabon is strongly committed to raising the school attendance rate and developing facilities at the various levels of education, while at the same time promoting gender equality and access to education. Having speeded up the reform of technical and vocational training between 2008 and 2011, the Government is committed to raising the school attendance rate, promoting education and protecting pupils everywhere. Technical and vocational training is the same for students of both sexes. The following steps have been taken in this area: vocational schools became technical schools in October 2010; Léconi Technical High School was opened in February 2011; and Decree No. 0275/PR/METFP was adopted in February 2011.

41. It should also be noted that, in the mainstream education system, seven schools were built: day-care centres were built in Gamba, Mbigou and Iboundji, a junior high school in Malinga, and the Lycée Mabignat and a junior high school in Lébamba.

43. Within the framework of cooperation with development partners, cyberschool projects have been launched in partnership with the New Partnership for Africa’s Development in four junior high schools and two high schools, and teacher-training has been strengthened under the Priority Solidarity Fund project, in partnership with the United Nations Children’s Fund (UNICEF).

44. With regard to the above-mentioned recommendation, between 2006 and 2010, two technical high schools were built in Ntoum and Bikélé with the support of the African Development Bank. In addition, construction, woodworking and agriculture courses were provided for school dropouts in three phases, in March 2008, March 2011 and July 2011, with support from the European Union. Seven technical education centres were renovated between 2006 and 2010 with funding from the African Development Bank.

45. Lastly, on 30 March 2011, the Council of Ministers established the National Agency of Scholarships and Work Experience to replace the Directorate-General of Scholarships and Work Experience. The National Agency is responsible for applying the new policy of support for training, which is based on the principles of employment-related training; promotion on merit; assistance for the most vulnerable population groups; and control of the public payments system, to avoid the problems experienced by Gabonese students. All Gabonese youngsters, regardless of the social situation of their family, now have the opportunity to fulfil their academic potential in accordance with their natural aptitudes. On 16 August 2011, the President announced the creation of merit-based scholarships and incremental increases in grants for Gabonese students, starting with an increase of 10 per cent for Gabonese students abroad and 25 per cent for students enrolled locally as from the school year 2011/12.

46. In 2008, three recommendations were made to Gabon in the area of the rights of the child. They were related to child trafficking, corporal punishment of children and the Convention on the Rights of the Child.

Recommendations and implementation

“To bring the criminalization of child trafficking in line with international standards”

47. Following the Special Session on Children of the General Assembly of the United Nations, and its outcome document “A World Fit for Children”, Gabon implemented a number of measures, backed by an appropriate legal framework. In order to adapt Gabonese legislation to the principles of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989 and ratified by Gabon on 9 February 1994, Act No. 09/2004 on preventing and combating child trafficking in Gabon was adopted, together with implementing decree No. 000024/PR/PME of 6 January 2005 establishing the conditions for controls, investigations and searches in the fight against child trafficking in Gabon. The Act establishes trafficking as a crime. Article 20 of the Act punishes child traffickers with imprisonment and a fine of 10 to 20 million CFA francs.

“To prohibit by law the worst forms of corporal punishment of children in all places”

48. The ministry responsible for social affairs is in the process of drafting a social welfare code. In 2011, the National Observatory for Children’s Rights, established by Decree No. 000873/PR/MFPEPF of 17 November 2006, presented the main findings of a study on violence against children in Gabon. The origins and causes of such violence are social (64.6 per cent), economic (5.2 per cent), cultural (9.4 per cent) and political (1.1 per cent). To counter such abuse of children, articles 230 to 235 of the Criminal Code provide for stiff penalties designed to restore order and protect children from such forms of punishment. Punishment ranges from a prison term of 2 months to life imprisonment, together with fines. During 2010 and 2011, the Government organized awareness-raising campaigns and workshops for student supervisors in Libreville, Owendo, Makokou and Oyem, in collaboration with UNICEF. The main aim of these activities was to ensure that the worst forms of corporal punishment of children are banned in schools.

“To amend domestic legislation to conform to the principles of the Convention on the Rights of the Child”

49. The Convention is clearly one of the instruments that underpin the Gabonese legal system. The country’s adoption of the Convention is reflected in article 1, paragraphs 8, 16, 17, 18 and 19, of the Constitution. Numerous legislative measures have been introduced, in particular Act No. 09/2004 of 21 September 2005 on preventing and combating child trafficking; Act No. 39/2010 of 25 November 2010 establishing legal regulations for the protection of minors; Decree No. 000024/PR/MTE of 6 January 2006 establishing the conditions for controls, investigations and searches in the fight against child trafficking in Gabon; Decree No. 0031/PR/MTEFP of 8 January 2002 on combating child labour; Decree No. 00243/PR/MASSNBE of 12 April 2002 on the free distribution of school textbooks; Decree No. 000873/PR/MFPEPF of 17 November 2006 on the establishment, responsibilities and structure of a national observatory for children’s rights; Order No. 001/SEAS/UNFG on healthy children’s homes; and Decision No. 0001/PM/MESI/PDM of 3 June 2006 establishing the procedure for the care and repatriation of trafficked children in the province of Ogooué-Maritime.

50. Moreover, on 1 June 2011, the Head of State gave the Government firm instructions to tighten up the Criminal Code in order to combat more effectively the upsurge of social ills, such as drug abuse, sexual abuse and the dispossession of orphans. A bill outlawing sexual assault was submitted to Parliament after being endorsed by the Council of State, to tackle the situation of child victims of sexual abuse by introducing harsher penalties, particularly for rape. Similarly, the committee reviewing the Criminal Code is proposing that the statute of limitations should begin to run only when the victim comes of age.

51. In 2007, Gabon established the National Observatory for Children’s Rights to coordinate the implementation of the Convention on the Rights of the Child. Article 3 of the above-mentioned Decree No. 000873/PR/MFPEPF establishing the Observatory states that: “The National Observatory for Children’s Rights is responsible for monitoring the implementation of the United Nations Convention on the Rights of the Child in order to permanently promote the rights of children in all areas, particularly: the right to life; the right to a family; the right to health; the right to education; the right to legislation; the right to leisure and culture; the right to free expression; and the right to protection against all forms of exploitation and abuse.”

52. Human rights in prisons were the subject of three recommendations made to Gabon in 2008. They are mainly related to juvenile courts and detention and prison conditions.

Recommendations and implementation

  • “To take further steps to ensure that juvenile courts are set up and that children are separated from adults in detention facilities”
  • “To create a judicial system for minors and improve their situation, including the separation of minors from adults in prisons”
  • “To bring detention and prison conditions in line with articles 9 and 10 of the International Covenant on Civil and Political Rights and with the Standard Minimum Rules for the Treatment of Prisoners, making these rules available to the police, the armed forces, prison staff and anyone else responsible for conducting interrogations, as well as to persons deprived of their liberty”

53. Act No. 39/2010, establishing legal regulations for the protection of minors, is now in force in Gabon. It makes provision for the administration of juvenile justice and the relevant judicial bodies as well as protective measures for promoting the rehabilitation and social reintegration of such persons. To give effect to this protection, the Act calls for the separation of minors from adults in prisons and for alternatives to detention. This commitment is in line with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. Juvenile courts have been established and judges appointed to them.

67. In 2007, a development project was launched in an area where Pygmies live. Its achievements include: the establishment of birth certificates for Pygmy children; the vaccination of Pygmy children; and the introduction of basic social services for Pygmy communities, in areas such as education, health, literacy, electricity and village water supplies. The project was implemented in the provinces of Ogooué-Ivindo and Woleu- Ntem. It is clearly in line with public policies towards Pygmy communities and encourages them to participate in the evolution of Gabonese society.

70. Other national reports are nearing completion, namely the reports under the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

72. Since 2009, other important measures have been implemented by both the Government and civil society:

The National Human Rights Commission, established by Act No. 19/2005 of 3 January 2006, became operational on 14 September 2011. The Commission’s regulations have been revised to bring them into line with the Paris Principles. Accordingly, the Commission’s secretariat includes a department responsible for investigating and combating human rights violations. Among other things, this department receives petitions from individuals or groups of people whose human rights have been violated.

Non-governmental organizations have set up networks to improve their performance, including:

  • The National Network for the Promotion of the Rights of the Child in Gabon (RESPEG), which was one of the outcomes of the first consultation on thematic networking of civil society working on children’s rights, organized by the Ministry of Human Rights and UNICEF and held on 4 November 2010
  • The National Network for the Protection of the Rights of the Child, which was also established following those consultations
  • Insecurity and crime have been reduced thanks to the recruitment of more law enforcement officers (gendarmes and police), a better quality police service, and the implementation of the Government’s crime-fighting strategies since April/May 2012.
  • The upsurge in “ritual” crimes has been vigorously tackled by the Government since May 2012: regular criminal court hearings have been held throughout the country in an effort to deny impunity to the guilty parties; and more effective strategies have been implemented by the national defence forces to put a stop to such practices.

73. Turning to the future, Gabon is committed to pursuing the following public policies, which have already begun to be implemented:

An effective public policy for persons with disabilities that relies more on legislation and measures aimed at giving persons with disabilities, particularly children, access to health care and education, providing help to families of children with disabilities, mainstreaming children with disabilities in ordinary schools, and raising public awareness of the fundamental rights of persons with disabilities.

  • A public policy for widows and orphans.
  • A public policy that considers children to be important to development at all levels.
  • A public policy that covers and takes account of indigenous peoples (Pygmies) at the institutional level.
  • A public policy based on harnessing the work of NGOs.
  • A public policy based on collaboration between the State and civil society in the area of human rights.
  • A public policy based on the State’s strengthening of the legal framework for human rights.
  • A policy that takes account of Gabon’s treaty-related commitments and the effective application of its laws.
  • A policy based on unstinting efforts to raise awareness of human rights.

An educational and civic policy that will, by 2016, cover the integration and teaching of human rights in the Gabonese education system (primary, secondary and higher). With this in mind, in July 2005, Gabon adopted the Action Plan for 2005– 2009 of the World Programme for Human Rights Education, which focuses on the national school system. Representatives of the Government and the National Human Rights Commission reaffirmed this commitment during the workshop on human rights education in Brazzaville on 11 and 12 June 2010, which was organized for countries in Central Africa by the African Union Commission.

A policy to combat trafficking in persons, based on prevention, prosecution and the international legal framework. In this connection, alongside the awareness-raising activities, the Government is paying particular attention to compliance with court judgements in cases of trafficking, the protection of victims and witnesses during legal proceedings, and the strengthening of partnerships with countries in the subregion through the exchange of information and mutual legal assistance.

Compilation of UN information

3. UNCT-Gabon noted that the national normative framework had been strengthened in 2010, both to incorporate international instruments into domestic law, and to respond to social phenomena affecting vulnerable persons, with the following texts and documents: Act 39/2010 on the judicial protection of minors (in conflict with the law) and Decree 0806/PR, of 25 November 2010, on the promulgation of Act 39/2010.

4. UNCT-Gabon also took note of the adoption of the National Procedural Manual for Assisting Child Victims of Trafficking, in application of Act 09/2004 on the prevention and suppression of trafficking in children.

6. In 2005, Gabon adopted the United Nations Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system.

7. UNCT-Gabon noted that there were four reception centres in the capital and one in Port Gentil that worked to combat all forms of violence against children and, in particular, to ensure the protection of child victims of cross-border trafficking, street children and child victims of domestic abuse. UNCT-Gabon added that, in Libreville, approximately 60 social workers and specialized educators provided psychosocial care for children, including reintegration into their families in Gabon or in their country of origin. Furthermore, UNCT- Gabon noted the existence of mechanisms to prevent and combat trafficking at the national and provincial levels: a national committee to combat trafficking, and its provincial committees. There were two police services specialized in child protection, as well as a national observatory for children’s rights.

8. UNCT-Gabon reported that capacity-building was needed for health workers, police officers, prison guards and teachers to ensure greater respect for children’s rights in the provision of public services.

10. Gabon is covered by the United Nations Centre for Human Rights and Democracy in Central Africa/OHCHR Central Africa Regional Office (Yaoundé, Cameroon). In 2011, OHCHR supported the elaboration of a national plan of action and a roadmap for the implementation of recommendations deriving from all human rights mechanisms and provided support to the Coordinating Mechanism. In 2009, in consultation with the Government, OHCHR monitored the human rights situation during the presidential electoral period. In 2008, Gabon hosted a regional conference on child trafficking organized by OHCHR in collaboration with the Economic Community of Central African States.

17. According to the information contained in the UNICEF midterm review of country programmes in 2010, Gabon’s commitment to address protection issues affecting children led to the passing of juvenile justice legislation and the adoption of the law related to female genital cutting and violence perpetrated on children.

18. According to UNCT-Gabon, the legal framework for the protection of children had been strengthened and further efforts should be encouraged in the following areas: the adoption of a child protection code and of a law specifically criminalizing domestic, school and institutional violence; the adoption of a legal text regulating the establishment and functioning of reception centres run by non-governmental organizations (NGOs) and religious institutions; and the establishment of juvenile sections in prisons in conformity with Act 39/2010. However, UNCT-Gabon expressed concern about the low quality of service delivered by institutions providing assistance to victims of human rights violations. It added that the same was true for the situation of the 114 children between the ages of 13 and 18 held at the main prison, for whom there was no social reintegration plan and who received no assistance from social workers.

19. Nevertheless, UNCT-Gabon said that data collection was a priority in order to obtain clear evidence on children’s rights. It would be useful to carry out an urgent assessment of the national legal framework in order to better target weaknesses in the protection of children’s rights with reference to international standards in this area.

20. According to the information contained in the UNICEF midterm review of country programmes in 2010, trafficking and economic exploitation were a major threat to children, and although policies and laws to protect them were available and several structures had an operational mandate in this area, legislation was not regularly enforced and coordination was weak.

21. While recognizing that improvements had been made to the system of protection against trafficking in children, UNCT-Gabon noted that there were still difficulties related to lack of funding and general governance.

22. During his visit to Gabon in July 2010, the United Nations Secretary-General strongly encouraged Gabon to step up its efforts to eliminate the trafficking and abuse of children. He added that everyone — Government, business, civil society, and police — must play their part in creating and implementing laws to protect children.

23. In May 2012, at the end of her official visit to Gabon, the Special Rapporteur on trafficking in persons, especially in women and children said that although the Government has adopted legislation to combat human trafficking, significant gaps remained. There were a number of challenges that needed to be addressed by the Government if it was to succeed in effectively combating trafficking in persons and protecting the human rights of trafficked victims of all ages.

24. The Special Rapporteur stressed that current laws limited protection to victims under the age of 18 and did not provide for all forms of exploitation including labour and sexual exploitation, slavery and removal of organs. The Special Rapporteur urged the Government to explicitly widen the forms and scope of protection to both trafficked women and men as per the Palermo Protocol, aimed at preventing, suppressing and punishing trafficking in persons.

25. The Special Rapporteur stated that Gabon was a destination and transit country for trafficked persons from the sub-region of West and Central Africa. Most common forms of trafficking in Gabon were domestic work for young girls, servitude, and to some extent forced and early marriage; while for boys, work in the informal sector including auto mechanics and hard labour was common, she said, while noting that root causes of trafficking included poverty and traditional practices, especially in West Africa, of sending children to live with relatives and demand for domestic workers by rich Gabonese families.

26. The Special Rapporteur stressed that the trend, forms and manifestation of trafficking in persons were not well-understood in Gabon, and there was a general lack of awareness and knowledge of trafficking in persons beyond child trafficking for exploitative labour. As a result, other victims of trafficking remained invisible and unrecognized by not only the general population, but also the victims themselves and the competent authorities.

27. The Special Rapporteur also expressed her concern about the absence of a specific visa programme to enable victims of trafficking to remain legally in the country, and for the safe return and repatriation of victims of trafficking. In her view, there was always a risk of re-trafficking and re-victimization, especially for trafficked children, because family members are implicated in the exploitation of victims of trafficking.

28. The United Nations Development Assistance Framework (UNDAF) Gabon (2012– 2016) indicated that, although the legal framework for child protection was gradually being strengthened with, inter alia, the ratification, in 2010, of a certain number of international instruments, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 75 per cent of children were still victims of or witnesses to physical violence, 8 per cent were victims of abuse or sexual exploitation, and others were victims of psychological violence.

30. UNCT-Gabon reported that, in 2010, Gabon had adopted an act on the judicial protection of minors, which included provisions on the administration of juvenile justice and the relevant judicial bodies, as well as protective measures to promote the rehabilitation and social reintegration of the children concerned. To give effect to this protection, the act called for the separation of minors from adults in prisons and for alternative detention measures to be used.

31. UNCT-Gabon indicated that poor knowledge of the law on the part of officials was a constraint which meant that, for example, they continued to try minors in the same way as adults or to treat child victims of trafficking as illegal immigrants instead of recognizing them as vulnerable persons and victims.

32. In 2010, the ILO Committee of Experts urged Gabon to take the necessary steps to ensure the thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age, in accordance with the national legislation in force.

33. UNCT-Gabon welcomed the decision to issue birth certificates for children free of charge but considered that Gabon should also establish mechanisms designed to ensure that all children born on its territory would actually receive birth certificates.

34. UNHCR recommended ensuring easy and effective access to birth registration of all children born. UNHCR further recommended reforming the Nationality Code to ensure that citizenship is granted to all children and to prevent the renunciation by Gabonese nationals of their nationality without first mandating that they hold another nationality or have assurances that they will acquire another nationality.

43. UNCT-Gabon indicated that Gabon had set up a special fund for economically disadvantaged Gabonese within the Caisse Nationale d’Assurance et de Garantie Sociale (the national insurance and social security fund) (CNAMGS). Furthermore, it indicated that the introduction of compulsory health insurance with coverage of the poorest and full coverage of prenatal care and childbirth were very good practices in relation to the right to health. However, UNCT-Gabon also reported that the efforts Gabon had made to ensure adequate medical coverage for refugees through the CNAMGS health insurance had not been effective. UNCT-Gabon was of the view that Gabon should ensure the effective enjoyment of these rights, which it had undertaken to respect.

44. During his visit to Gabon in July 2010, the United Nations Secretary-General indicated that child mortality had declined over the last two decades. He also recognized progress made towards improving maternal health.

48. UNCT-Gabon also indicated that cost and staff attitude made health services inaccessible to the majority of vulnerable children. It added that free services, such as vaccination, did not offer sufficient coverage despite the fact that Gabon had fully covered the costs of vaccine purchases since 2004. UNCT-Gabon said that Gabon should improve access to health care for children born to HIV-positive mothers; early diagnosis for such children was still only starting to become available.

50. In the area of education, UNCT-Gabon noted that the net school enrolment rate was one of the highest in the region. Nevertheless, according to UNCT-Gabon, failure and dropout rates have remained a source of concern especially since some of the children who drop out of school end up on the street.

51. According to UNESCO figures, the net school enrolment rate was estimated to have been 94.7 per cent in 2010, with almost full gender parity.

52. UNDAF Gabon (2012–2016) stated that the proportion of pupils repeating a year and wastage rates were very high; on average more than one third of primary students repeated one year. This phenomenon was partly the result of overcrowding in large cities, such as Libreville, a lack of teachers in rural areas and in some cities, the quality of teaching/curricula, and the low level of skills among teachers. In addition, the school wastage rate was among the most worrying: 25 per cent of a given class did not complete primary school.

54. UNCT-Gabon reported that, in 2007, the State, in conjunction with UNICEF, had initiated an integrated development project in areas inhabited by Pygmies in the provinces of Woleu-Ntem (Minvoul) and Ogooué-Ivindo (Lopé, Zadié and Ivindo), with the following main components: issuance of birth certificates for Pygmy children, vaccination of Pygmy children, formation of a team of traditional counsellors on the hygiene and health of Pygmies, and coordinated development, with the creation of microprojects and the introduction of basic social services, such as education, health, literacy and village water supplies.

Summary of stakeholders' information

3. Global Initiative to End All Corporal Punishment of Children (GIEACPC) expressed that Gabon neither accepted nor rejected the recommendation on prohibiting by law the worst forms of corporal punishment of children in all places, made during the first cycle of the Universal Periodic Review.

4. GIEACPC noted that corporal punishment of children was unlawful in the penal system but it was lawful in the home, in schools and in alternative care settings. It added that legal provisions against violence and abuse had not been interpreted as prohibiting corporal punishment in childrearing. According to GIEACPC, even though there was a policy against the use of corporal punishment and efforts were made to end the “worst forms” of corporal punishment in schools there was no prohibition in legislation and children continued to be beaten with pipes and other implements by their teachers at school.

5. GIEACPC further stated that in the penal system, corporal punishment was unlawful as a sentence for crime: there was no provision for judicial corporal punishment in criminal law. It added that it was explicitly prohibited as a disciplinary measure in penal institutions in the Law on the Judicial Regime of Protection of Children.

6. GIEACPC also indicated that there was no explicit prohibition of corporal punishment in alternative care settings.

7. GIEACPC reminded that, in 2002, the Committee on the Rights of the Child recommended prohibition of corporal punishment in the home, schools and other institutions.

Accepted and Rejected Recommendations - To follow

The following recommendations were accepted:

A - 101.11 Move and speed up the amendment of the criminal code to punish sexual violence, and to adopt a comprehensive law to punish violence against women and children (Rwanda);

A - 101.12 Reinforce the application of laws prohibiting the trafficking of persons, including the trafficking for forced marriages, inter alia by adopting measures aiming at protecting and assisting victims and prosecuting and punishing those that engage in trafficking, and raising awareness among the population (Canada);

A - 101.14 Take necessary measures to enforce the legislation on trafficking and economic exploitation of children, and connected judicial protection of minors (Slovenia);

A - 101.15 Amend the existing legislation in order to address the gaps in the protection of victims of contemporary slavery, as well as to criminalize child trafficking in accordance with international standards (Norway);

A - 101.16 Strengthen the legal framework for the protection of children (Republic of Moldova);

A - 101.31 Continue public awareness programmes against corporal punishment of children in schools (Angola);

A - 101.43 Adopt as a matter of priority, legislative and other measures to guarantee gender equality and strengthen efforts to eradicate customs and traditions that discriminate against women, in particular cases or early or forced marriage (CzechRepublic);

A - 101.45 Adopt the necessary measures to guarantee easy and effective access to free birth registration, including to Pygmy children (Mexico);

A - 101.46 Establish mechanisms to ensure easy and effective access to birth registration of all children and the effective and free provision of birth certificates (Uruguay);

A - 101.47 Intensify the fight against the so called ritual crimes (Algeria);

A - 101.48 Undertake intensive public awareness programmes of the population relating to ritual murders (Belgium);

A - 101.49 Strengthen the fight against ritual crimes above all ritual murders (Germany);

A - 101.50 Continue to fight the “Upsurge” in Ritual Crimes (Uganda);

A - 101.55 Develop a strategy to improve living conditions of persons deprived of their liberty, to combat malnutrition, lack of hygiene and to end the detention of children with adults (Spain);

A - 101.57 Adopt all necessary measures to comprehensively implement the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (France);

A - 101.58 Improve enforcement and coordination of national legislation and policies on the trafficking of persons, especially women and children, and to raise the awareness on this issue amongst the public (Netherlands);

A - 101.59 Continue its combat against child trafficking from any origin and use of child labour in all forms, especially in auto industry, and to strengthen its measures for rehabilitation and education for the child victims of trafficking (Thailand);

A - 101.62 Implement a comprehensive policy to fight the trafficking in persons, with special focus on boys, girls and adolescents, with a view to give visibility to the problem and understand the trends, forms and manifestations of the problem of trafficking in the country with a view to ending it (Uruguay);

A - 101.64 Reinforce efforts to eliminate trafficking and abuse of children including the conduct of efficient awareness-raising campaigns (Slovakia);

A - 101.65 Redouble its efforts to combat more effectively and to eradicate trafficking and violence against children (Republic of Moldova);

A - 101.66 Take measures to eradicate trafficking in persons, with particular attention to the trafficking of children (Spain);

A - 101.68 Comply with the recommendations of the Rapporteur on trafficking in persons, especially in women and children and send an invitation to the Rapporteurs’ to perceive the human rights situation in the country (Iraq);

A - 101.69 Develop and implement a comprehensive national strategy to fight the worst forms of corporal punishment of children (Belarus);

A - 101.70 Implement legislative and judicial level measures to ensure that there is no impunity in cases of ritual murders (Belgium);

A - 101.72 Ensure effective implementation of the juvenile justice law by providing training to law enforcement officials and judges and by establishing separate detention facilities for minors (Hungary);

A - 101.90 Establish specific programmes to prevent drop-out from school and support the continuation of studies (Mexico);

A - 101.91 Take steps to reduce school wastage rate, having in mind that today 25 percent of a given class did not complete primary school (Brazil);

A - 101.92 In cooperation with UNESCO and relevant UN agencies continues to enhance its education system and improve access to quality education by all (Singapore);

A - 101.93 Continue to engage its development partners like the African Development Bank and the New Partnership for Africa’s Development (NEPAD) to ensure it meets its aims in the education sector (South Africa);

A - 101.94 Redouble its efforts to implement the outputs of the general conference of education, training and research held in May 2010 and to seek technical assistance from relevant United Nations organizations (Sudan);

A - 101.103 Ensure full and equal access to public health services for Pygmy peoples in all areas of the country in particular by increasing the number of health care facilities and ensure proper registration of children at birth (Hungary);

The following recommendation was rejected:

R - 102.10 Continue with its efforts to ratify the International Convention on the Protection of the Rights of All Migrant Workers and their Families (Argentina).

No recommendations are pending or no clear decision was taken.

 

pdf: http://www.crin.org/resources/infoDetail.asp?ID=29670

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.